Legal Question in Credit and Debt Law in Pennsylvania
uncashed check submitted for payment
My wife and I made a last payment for a service. They called and said they lost the check. We checked, and it has not been cashed as of yet. Are we obligated to send another check? Can we charge them for a stop payment on the check they lost, and any other fees this may require if they can not find the check? They lost the check. We feel we shouldn't have to pay for their carelessness. Thank you for any help in this mater.
2 Answers from Attorneys
Re: uncashed check submitted for payment
You are obligated to make the payment. There is no way to determine if the company was negligent or if you failed to put postage on the check. Stop payment and mail the check. The is the best advice I can give you.
Gerald Hershenson
www.geraldhershenson.com
Re: uncashed check submitted for payment
I am not clear whether you mailed the check or handed the check to the payee. If you handed the check, clearly they should pay any charges associated with a stop-payment. If you mailed it, I would just send them a check for the amount owed less the stop-payment charges, with an explanation why you are sending less. It is likely they will just accept the amount. Also, in the memo section on the lower left corner of the check, write "payment for all services owed". It's may not be enforeable but it may give them the impression it is.
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