Legal Question in Credit and Debt Law in Virginia
I have a signed contract with my ex-fiance for a loan I gave him. With $2000.00 left, he has decided to stop monthly payments. He has forgotten that he left me a check that has his signature, but no date, and no amount entered. Since he is in default on a legally binding contract, can I legally cash the check for the exact same amount he owes me?
Asked on 8/27/10, 9:27 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
No, since you would be completing the rest of the check for an amount
which the signer (ex-fiance) apparently would have had no intention
of paying you which might result in your being charged with the crime
of uttering. i.e., presenting or putting into circulation an altered financial
document (in my opinion).
Answered on 9/03/10, 8:33 pm