Legal Question in Credit and Debt Law in Texas
non cashed check
I gave a check to someone almost 2 years ago. I forgot about and paid some bills thinking I had money in the bank, Now the person wanted to cash the check but the bank wouldnt cash it because was over 60 days. What are my obligations now? Can I pay him in payments oe do I have to pay him all at once?
1 Answer from Attorneys
Re: non cashed check
A year makes a check stale, not 60 days. If you had money in the bank to cover the check when you gave it to them, the check was good. You paid them!
Their delay is the same as if they lost the check. You are not responsible for their carelessness. However, you still should have had that money in your account since the check wasn't cashed, and they may have a claim for unjust enrichment.
Paying on the check avoids a lawsuit. You can pay on your terms.
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