Legal Question in Employment Law in New York

Stale Dated Settlement Check

In September 1998 2 checks were issued to me representing an out of court settlement. My attorney held them for several months (Oct-March 6 months). By then my bank declared them ''stale''. My attorney refuses to help without being paid again. How do I get these checks replaced on my own.


Asked on 3/08/02, 3:16 pm

1 Answer from Attorneys
Joseph Heppt The Law Offices of Joseph M. Heppt

Re: Stale Dated Settlement Check

Presumably your out of court settlement provided for your giving a release in favor of your former employer in exchange for a payment represented by the two checks. It is typical to make the settlement contingent upon the payment being made. Since the checks were never cashed, it would seem to me that you can go back to your former employer and request that they cut new checks in exchange for the now stale checks. They are not really giving you anything they haven't already agreed to before plus they've gotten the use of the settlement funds for six months.

I'd be happy to discuss this with you further.

Read more
Answered on 3/08/02, 3:24 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York