Legal Question in Business Law in Illinois

check expired, company wants money

Hello,

I wrote a check 5/1/07. The company I wrote it for, allowed the check to expire. 4/27/09, I received a letter stating the check expired, due to the company's oversight of not depositing several checks; the company wants me to re-write the check for the $37.00 amount. Am I obligated?

Thank you

Mrs. Maxwell


Asked on 4/30/09, 10:14 am

2 Answers from Attorneys
John Lee John D. Lee and Associates, LLC

Re: check expired, company wants money

Morally, probably yes. Legally, maybe not. But for only $37 for a debt that you owe, why not pay? This answer does not constitute legal advice because you are not as yet my client.

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Answered on 4/30/09, 12:37 pm

Re: check expired, company wants money

Possibly. Depending on the circumstances of transaction, the company may no longer be able to sue you beacuse of a possible statute of limitations issue and due to the amount might not anyway, even if there is not a statute of limitations problem. However, if the SOL has not run and you owe the money, you should pay it in order to avoid a possible small claims case and an adverse dredit report.

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Answered on 4/30/09, 4:55 pm


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