Legal Question in Credit and Debt Law in Indiana

Can I collect on an old check

We owned an auto repair shop,in 06/02 we had a customer that we put on a fuel pump and charged $193.34. She wrote a check. Later she came back saying that the car was doing the same thing. We told her he would cover the fuel pump under warranty. She came in to the shop stating that we did nothing to the car and we charged $193.34(she never mentioned we worked on it a 2nd time for free)we wrote her a check for $193.34 and told her to take her car elsewhere. We are out of business and when we moved our cash drawer,we found the customers check. We called her ''bank''(credit card check)and I was told that the date did not matter but that the balance would not clear and that I should call back. I did call over the last few weeks and was told on or about the 03/24/03 that the check would clear. We took the check to the bank and deposited it. We waited about 3 days, called our bank to see if the deposit was OK and they said yes, so we closed the account. April 1st, we received the check back from the bank with a $6.00 fee saying to ''Refer to Maker''. I called the credit card and asked them why it would deny the payment, the lady I spoke with this time said that checks were only good for 90 days.What can we do to get our money back?


Asked on 4/08/03, 1:20 pm

1 Answer from Attorneys
Samuel Hasler Samuel Hasler

Re: Can I collect on an old check

Nothing you can do with the check. There is a time limit for checks to be cashed. You would need to take the woman to small claims court. Since the check never cleared the underlying obligation was never satisfied. Going to be a bit tough even then getting your money.

Read more
Answered on 4/11/03, 10:41 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Indiana