Legal Question in Business Law in Massachusetts
Abandoned Property
In November 2006 I found a payroll check of mine dated 2/16/84. The amount of the check is $449.80. After I found this check, I contacted my employer at the time and he told me that since it is more than three years old he had no obligation on the check . I went to the Commonwealth of Massachusetts Abondoned Property Division to verify what my previous employer had told me and they told me that they could not do anything since the property had not been turned over to them. Someone at the Abondoned Property Division told me that the check is still good, however it is up to me to persue it.
I went through my bank statements from 2/84 to 2/87 and every payroll check that I recieved for that period of time was deposited into my bank account except for this very old check. How can I persue this? Please be as detailed as possible since I have never done this before.
If you need any additional information, please let me know.
Thank you.
2 Answers from Attorneys
Re: Abandoned Property
You should consult with an employment lawyer to see if he might have another idea, but the commercial law answer would be as follows: claims in contract law have a 6-year statute of limitations, so your claim on a 1984 unpaid check would have expired long ago. You can try depositing the check at your bank and see if it comes back dishonored (but you might be hit with a fee if it does).
Best wishes,
LDWG
Re: Abandoned Property
I think the answer posted by the other attorney is fundamentally correct.
I don't know anything about the "three year" obligation (he may be confusing the obligation to pay salary with his obligations under the check), but you apparently have "timed out."
I think that you had to present the check for payment within ten years and if unpaid, file suit before the end of that period. (GL 106s3-118(c)).
Try the "moral" argument. Good luck!
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