Legal Question in Real Estate Law in Pennsylvania

Re: Expired Cashiers Check

So why are you on the hook for their mistake?

Because it was not required they really can't demand much. Besides your defense would be that they had a check known to be good and didn't cash it. Did they expect you to deposit it for them too.

As a soldier you are covered under what used to be call the Soldiers and Sailors Relief Act. Its been replaced by a new law that does the same thing. (Find a JAG officer he either has a brochure or can explain it better than I can) Bottom line if they wanted the money they were on the hook to cash the check.

If you have any questions feel free to contact me. The initial consultation is free. Not that I would expect you to drop by but email works.

{John}

Re: Expired Cashiers Check

You asked if you must replace an expired cashier's check. I disagree with my colleague's advice.

Yes, you must replace the cashier's check. You are covered under the Servicemembers Civil Relief Act, but this only provides some insulation while you are deployed.

The problem with this is it doesn't prevent the business from pursuing collections nor does it prevent the company from going to your Commanding Officer. Yes, the company can and very likely will contact your CO regarding this debt. Do you really want your CO involved in your financial affairs? Especially when you are trying to get out of a legitimate debt?

The reason you must pay the debt is because it is a legitimate debt. Failure to make good on the debt would harm the other party and provide you with a windfall (also known as unjust enrichment). The company performed their part of the bargain and you performed your part of the bargain. The problem is, due to their incompetence they lost the benefit of your performance.

The right thing to do, and what is required by law, is to make good on this check. You may however deduct the actual and legitimate costs of replacing this check and getting it to them. If this presents a legitimate difficulty then you should explain this and suggest a solution, such as you will take care of this matter when you are back in the states.

Good luck,

Regards,

Roger Traversa

Email: [email protected]

Phone: 215.279.8940