Legal Question in Credit and Debt Law in New Jersey

Payment Responsibility on Expired Checks

I have been paying off a debt in monthy installments, however I have noted that none of the checks have been cashed. I initially made 2 calls to the receiver of the checks to inform them of this. I have recently received a letter informing me that they now realize a corporate oversight prevented the checks from being cashed. Further, they stated that many of the checks have expired because they are greater than six months old. They have requested that I send them new checks for the same amount as the expired checks. Am I responsible for paying that amount, or am I excused since I initially made the payments in good faith? The debt is currently just over 1 year old.


Asked on 11/14/00, 1:19 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Payment Responsibility on Expired Checks

Assuming you had the money in the account to cover the checks, if they were never cashed and if you didn't use the money otherwise, the money is still in the account. Get your old checks back and just issue a new one to cover the entire amount. A check is merely a promise to pay upon presentment of the check to the bank. Nothing has changed by the fact that the checks were not cashed. You are still obligated. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have apparently not retained an attorney in this case, if you have any questions whatsoever, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/20/00, 9:34 am


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