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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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A check written for $2,000.00 but the person who was given

Resolved Question:

A check written for $2,000.00 but the person who was given it was not to present it until the funds are available.
Written in 2006 (Nov)
What happens in this situation? I was told it was not illegal as it was a request from the recepient of the check to have it with the knowledge that they would not be able to cash it until told. This occured three years ago. There must be a statute of limitations on this as I believe it is three years. Am I correct.
Submitted: 6 years ago.
Category: Legal
Expert:  Joseph replied 6 years ago.

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:

 

  1. Which person are you in this situation?
  2. Why has the check been held for so long?
  3. What is it that you want to accomplish?

 

 

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.

Customer: replied 6 years ago.

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.

Expert:  Joseph replied 6 years ago.

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.

Customer: replied 6 years ago.
What is the statute on check fraud?
Expert:  Joseph replied 6 years ago.

For the amount of $2,000 (or anything over $300), the limitation on commencing a prosecution is 3 years.

 

 

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.

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