Legal Question in Consumer Law in Massachusetts

I have a check made out to my plumbing company, it is more than 6 months old and the bank won't allow me to deposit it, what are my options? is the writer of the check responsible for payment?


Asked on 12/31/11, 11:17 am

1 Answer from Attorneys
John Skinner, III Associated Attorneys of New England

Banks have no obligation to pay checks more than six months old:

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Article4/Section4-404

HOWEVER, the "drawer" of the check is certainly still obligated to pay you. Just ask him/her for a new check. If they refuse, you'll want to document the fact that you presented them with the check, made due demand that they honor it and pay you, but yet, they still refused.

Then, if they still refuse to pay, you can bring them to court.

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Answered on 12/31/11, 11:34 am


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