If you Pay someone with a Check

[Outlaw__Rebel]

And they wait too long to cash it do you still owe them the money?

I paid someone over 6 months ago on some merchandise they sold with me. They go to try and cash the check and it won't pay because it's been over 90 days. It says on my checks it will void in 90 days. I also state it on my receipts.

 

What do you think?

[ShadowOfaSolja]

screw them, Technically you may owe them money but to wait 6 months to cash a check can totally screw someones bank account.

[CDBS14]

you paid him..................his loss for not cashing it, not your fault the guy is lazy

[Prane]

Thats good for you then! Tough shit for them if it took over 6 months to cash a check. It works both ways, if I buy something online I know I have a certain period to return it if its broken. If I don't do that then its my fault and my problem.

[HighTimesSW]

Legally you will still have to pay him the money,

 

If they ask for a new cheque (which they will have to since they expire after three months) you are obligated to do so.

 

Their incompetence is no excuse for theft.

 

I wouldn't go banging down their door or anything, but if they pursue it, give them a new cheque.

[Chili327]

HIGH_TIMESsw ]

Legally you will still have to pay him the money' date='

[/quote']Exactly.

[SEQUOYAH]

When ( and if ) you give him a new check...write him an additional one for .25 for being STUPID!!!

[meauxpack]

SEQUOYAH ]

When ( and if ) you give him a new check...write him an additional one for .25 for being STUPID!!!

or just a whole bunch of checks for <$1

[Outlaw__Rebel]

I going to send them a new check.

I have a store where I do consignments on furniture. I've had some never cash the checks then I have some that wait and wait. That's why I set up a separate bank account so I wouldn't accidentally spend there money on a Bill and then they cash the check.

The only problem things are tough right now. I do good to sell anything currently and earlier this month I noticed the check wasn't going to pay and I used the money.

So yeah my friggin luck they finally decide to want to cash it. Figures!

 

But I do have it in our contract that the check will void after 180 as will our agreement.

It reads... Consignment payments will be voided 180 days after agreement termination.

I didn't write most of the contract it came with my software I use.

[TOW-19]

ShadowOfaSolja ]

screw them, Technically you may owe them money but to wait 6 months to cash a check can totally screw someones bank account.

 

It shouldn't REALLY screw with someone's bank account if they keep a good tracking of their account.

If they subtracted an amount from their check book, then that amount no longer EXISTS to them. Right?

Do the honorable thing. You owe him money.

You have his goods, he does not have your money FOR those goods.

[ShadowOfaSolja]

I would agree if it was 2-3 months down the road. 6 months is a stretch. While yes you should keep a record there but 6 months down the road you stop expecting it to be subtracted from your account. While yes ethically the right thing to do is pay him the money I can understand the situation at hand and depending on what your contract says it could be a feasible means to avoid payment although I would expect that when the agreement is terminated that would include him receiving his merchandise back.

[Outlaw__Rebel]

I fully plan on sending another check I just posted this for discussion because it's one of my pet-peeves. That's not the only one I have waiting like that. I have one that waits until the last week it seems to cash. Then there are some that never cash them.

Everyone deals with this... Especially if you have a Paycheck. If you read on the check it usually says void in 90 days. If you fail to cash it do you get paid?

 

Just also wondering if it's just a common thing in business if someone writes you a check then the transaction is good until 90 days or something. Since they void in 90 days.

[Bandit99]

It depends on the statute of limitations in each state. That statute will far exceed the terms on the check for which it becomes void. Those terms are to protect both the payer and the payee. To make sure the check was not lost and forgotten about and then found by a 3rd party and cashed.

 

When a check becomes void, it just voids the document and not the intent or contract.

[Prane]

Bandit99 ]

It depends on the statute of limitations in each state. That statute will far exceed the terms on the check for which it becomes void. Those terms are to protect both the payer and the payee. To make sure the check was not lost and forgotten about and then found by a 3rd party and cashed.

 

When a check becomes void, it just voids the document and not the intent or contract.

 

Look at the big brain on brad! ;D

[GOAT]

LOL and Prane got it right too!

 

Besides cashier checks which must be cashed before 90days.. as usual its entirely up to the banks discretion as to if they will cash or honor the check or not regardless of the date it was written. It turns out that a bank can pay or return an old check as it sees fit.

 

If it was cashed and it resulted in an overdraft then in most cases the bank will waive the fee.. (if you bother to complain about it) if it was returned for whatever reason you still owe the money. The mere fact that the check is old even as much as several years does not entitle you to a refund at all, and you’re fully responsible for any problems that arise as a result, e.g. overdraft fees, other checks not clearing, etc., Any check you write can clear against your account at basically any time as long as the account is still open. There is a statue of limitations though.. and most states have it in the law.. Here in MN you are *not* liable for the funds from the checks that are older than 7 years.

 

The only thing you can do to prevent someone from holding on to your check is to not pay by check.. buy a money order instead and hand them that. Good luck to them trying to cash it past its date. As now its one bank vs. another and you’re out of it altogether since you have a receipt for the money order.

 

[Outlaw__Rebel]

The check never hit my account that I'm aware of. I think she just tried to cash it at my bank. Any how they denied paying due to it being too old.

 

She calls me yesterday and told me. I'm like why did you wait so long? And I told her that I'll send her another one. But I didn't say when, it will have to be sometime this month as I'm low in the funds today.

 

This is the same woman that paid $7000 for a leather plantation chair out of a catalog she got in the mail. I found the same chair for $249 online same chair brand and all!... And she wanted me to try and sell it for her for $5000... I'm like my whole store isn't worth $5,000.

[Bandit99]

As far as it being at a banks discretion. That is what they say but it is a load of crap.....LOL....It is a way for the bank to take zero responsibility for themselves and its tellers.

 

Most of the time they will not even look at it and could care less what it says, unless one of the individuals involved we a big customers of the bank. If customer who is cashing check and is not a customer of the bank and they notice the void date has past, they will on most occassions not cash the check.

 

If it is their big customer who is trying to cash or deposit it, the could care less what the void date is. They will please their customer.

 

Again this is all contingent on if they even notice it in the first place.

[Prane]

I wouldn't pay her after hearing that story. She sounds like she's missing a few marbles up top there.

[aZyOuThInKeYeIz]

Chili-Palmer ]

HIGH_TIMESsw ]

Legally you will still have to pay him the money' date='

[/quote']Exactly.

 

Exactly not true...

 

He is not required to pay again..

 

If I went into walmart and gave them a $20 bill... But they wait 15 days to put it in the bank but, then when they get to the bank, they have lost the $20. I am not liable for it.

 

In a COD transaction, payment is taken and product and payment are then considered "As-Is". If you give the guy a valid form of payment, but it is his own error that invalidates payment, you're not liable.

[BLACKCLOUD--]

They Probably lost the Check and never noticed. You have your receipt right.

[Bandit99]

aZyOuThInKeYeIz ]

Chili-Palmer ]

HIGH_TIMESsw ]

Legally you will still have to pay him the money' date='

[/quote']Exactly.

 

Exactly not true...

 

He is not required to pay again..

 

If I went into walmart and gave them a $20 bill... But they wait 15 days to put it in the bank but, then when they get to the bank, they have lost the $20. I am not liable for it.

 

In a COD transaction, payment is taken and product and payment are then considered "As-Is". If you give the guy a valid form of payment, but it is his own error that invalidates payment, you're not liable.

 

He never payed in the first place. A check is not payment. It is an instrument to initiate payment from your bank. The transaction of payment does not occur until the check is processed by the bank. A check was never processed. The instrument in this case is a check, became what is know as stale.

 

Some companies print their own stale dates on the checks. "Void after 90, 120 or 180 days". Even if this is not printed on the check, most banks live by a 180 rule. If the check is more than 180/6 months old it is considered stale and they will not process said check.

 

Your arguments do not compare to this. The first one, you did give cash. They were made whole in your transaction. The second one you are to vague as to what he did. If he ran off with the check and cashed it, yeah you are not on the hook. If you gave him cash and he gave you a receipt and he lost it, you are off the hook. If you gave him a check and he lost the check, you are still liable for payment.