Legal Question in Civil Litigation in New York
Recovery of funds from un cashed check
I received a check in 2005 for a class action law suit against a company listed one of stock exchanges. The envelope and check got miss filed until March 2007. When I asked the Claims Administrator to reissue the check or tell me where the unclaimed funds were sent to, they said the funds were no longer available and had been redistributed. This doesn't seem legal to me. Is it proper and legal for them to do this and what,if any, recourse or action can I take? The check does state void 180 days after issue date. I lost a lot of money on the stock in the first place and now I feel that I'm getting stroked again.
2 Answers from Attorneys
Re: Recovery of funds from un cashed check
Sorry to say this but, as with most things under the law, you snooze you lose.
Re: Recovery of funds from un cashed check
Many times, uncashed checks from the insurance companies/annuity companies go into a fund with the State of Ohio.
Don't give up yet.... contact the Ohio department of unclaimed funds. Perhaps the money is there.
Also, depending the amount, it may be in your best interest to hire an attorney to attempt to recover it through the company that issued the check.
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