Legal Question in Civil Litigation in Washington

unresolved debt

my husband and I through our attoreny, 3 years ago. sent a final payment of balance owed on remaining debt, to other private party involed. He and his attorney held on to the check for 3 years, do we legally have to rewrite another check, and even have to still pay the debt? All payments made to other party were in cash but we are in agreement of what has been paid, plus he forged my husbands name on a promissory note also, that concerns the amount left owed,so legally after 3 years they sent us the old check back and are demanding a new one do we have to give them a new one?Let me add that he was trying to get more intrest on top of more intrest and that is why we had to go and hire a attorney in the first place, and now finacally we are in a spot were we really cant afford to go through all of this legall fees all over again, please, help?


Asked on 7/07/07, 11:31 am

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: unresolved debt

Sounds as though they didn't negotiate the check, instead waited three years to tell you there was a problem.

I would call that inviting the error. Can you prove you sent the check three years ago?

When you discovered the forgery did you immediately go to the police? That's a crime. If not, why not?

I'm not advising you because all I can go on is what you are providing, and it isn't enough to formulate an opinion properly.

But it sounds as though their failure to negotiate the check for three years is bad faith, and thus they are not entitled to tack on three more years worth of interest.

Hope this helps. Elizabeth Powell

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Answered on 7/08/07, 2:57 pm


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