Legal Question in Credit and Debt Law in Wisconsin

We live in Wisconsin. My husband was deployed for a year and upon returning we lost our house and found an old payroll check of his. We didn't know if it would still be good so we put it in our accont and waited a month to take it out to make sure it cleared the bank. Now almost two months later the payroll from his job is saying he had no right to cash the check because he lost it even though it was in his name and now they want the money back. What can we do? They never did a stop payment and that isn't our fault because we didn't know


Asked on 12/20/12, 8:20 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

I would recommend that you retain a lawyer to respond to this item. I do not know what the problem with cashing the paycheck would be if he was entitled to the wages. If, on the other hand, he had reported to the employer as lost and they replaced it, he would be double dipping and should probably pay it back. Cashing a check which was reported lost and replaced by the employer could even amount to fraud, exposing him to potential criminal liability. My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. Also see 25 years of my answers to consumer questions at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon. Attorney answers may contain advertising materials.

Read more
Answered on 12/27/12, 6:02 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Wisconsin