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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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My ex partner has a post dated cheque with the end of 2011

Resolved Question:

My ex partner has a post dated cheque with the end of 2011 date on our joint account, which was closed earlier this year. Can he hold me liable for a this cheque?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.

-Could you explain your situation a little more?
Who is "he"? Was this a divorce?

What is the check for?

Customer: replied 5 years ago.
He is a person I lived together with. We had a joined bank account among other things. He has a check dated December 31, 2011 for "a credit card debt". In march he insisted that he wants to close joint account.
Expert:  Dave Kennett replied 5 years ago.

-Could you explain your situation a little more?
Who is the check from and who is it payable to?

Could you please give me some facts about the situation?

Why was the check post dated etc.?

Customer: replied 5 years ago.
The check is from me to him. Before we joined our accounts, health insurances, etc., he one day said that he wants to pay off my credit card debt, and, if I want, I may write him a check payable end of 2011. Which I did.

This year we relocated to another state, and he started domestic abuse and cheating. I left the house without nothing. Further recovered half of the things with the police. The other half was destroyed/hidden by him.
Customer: replied 5 years ago.
He insisted on closing our bank account as one of the first things during further domestic abuse.
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - I wouldn't worry about any of this. A post dated check is simply a promise to pay a debt and if you and he closed the account it would obviously be a worthless piece of paper. If he wants to sue you for the money he can do so but you are in no trouble for writing him a post dated check. Obviously no one could expect that a check written on an account that had been closed and was post dated would be any good. This is just a civil dispute between the two of you.
Customer: replied 5 years ago.
Should I notify a bank of that check and "stop payment" although the account is closed? I find information on line saying that although the account is closed, I may want to do that.
Expert:  Dave Kennett replied 5 years ago.
You can do that but if he knew the account was being closed he could not possibly have any expectations of the check being paid.
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