Legal Question in Business Law in New York

Check sent to me in Error??

I am a photographer who had previous business dealings with a large company. I received a check from them on 7/16/07 for $1,750 and in good faith assumed it was a residual check, deposited it, and have spent it. I got a rather threatening letter in the mail today 6/16/2008 stating that they made the check out to the wrong person and that I need to remit payment to them within 30 days... or else they will take legal action against me. How should I proceed? I honestly thought this check was for me and I do not have money to pay out. Do they have a case against me??


Asked on 6/16/08, 9:03 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Check sent to me in Error??

Hmmm. They may have a case, depending on the contract between you and the timeframes involved. You should contact an attorney in your local area who can take a good hard look at the contract between you and LargeCo and who can also take a look to see what defenses you may have available to you for such an occurrence (and defenses may exist).

Make no mistake: LargeCo has a pile of lawyers working for them. Make sure you have at least one in your corner. You can get a referral from your local county's bar association or from the NYS Bar Association (www.nysba.org).

Good luck.

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Answered on 6/16/08, 9:40 pm


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