Have Legal Questions? Ask a Lawyer Now.
Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.
To provide you with accurate information, could you please clarify these points so I can best address your inquiry:
Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.
I wrote the check to pay for my share of a business relationship. I told the individual not to cash the check until I was sure the funds were available.
We terminated our business relationship and it went sour as he began to aggressively persue the money owed. He agreed to arrangements for the money. Then he started to sue and said he would go after me in other ways besides civil court. I had an attorney look into this and he stated there was nothing illegal and that the statute had run out anyway even if there was something wrong. It was a contract dispute and the check was requested by him and accepted with the knowledge that it was not to be presented until he was told to.
I would suggest that you are in good shape here. Your former business partner made a mistake in agreeing to accept a check and hold it indefinitely.
As to any potential criminal action, no prosecuting attorney would be willing to prosecute this case. A charge of writing a fraudulent check has a requirement that the person accepting the check did so believing it to be good at that time. As he agreed to hold it, this was clearly not the case.
As to any civil issue related to the check, the bank likely has a policy of refusing to honor a check after a period of time, typically 90 days. That time period has long since passed.
As to collecting on this check, your former partner would appear to be out of luck.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
For the amount of $2,000 (or anything over $300), the limitation on commencing a prosecution is 3 years.