Legal Question in Civil Litigation in Illinois

Divorce Settlement and Judgment

I recently had an annulment, the settlement was to split assets 50/50/ I mailed my ex a check for his half. It has been 3 months and he has not cashed it. My bank will void it after 6 months. What happens if he doesn't cash it by then? Am I responsible for anything?

Thanks!


Asked on 8/20/04, 11:17 am

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Divorce Settlement and Judgment

Well, of course you still owe the money, but he may not be able to cash the check. If he asks, and returns the old check or explains why he cannot, you will have to write a new check. If he doesn't return the old check, and you have to stop payment on it, you may consider deducting from the new check the amount of the cost of the stop payment. If many years pass without action, he may not be able to enforce his claim for his half against you.

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Answered on 8/20/04, 11:25 am


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