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Tigger2013

Junior Member
I live in Michigan.... Over a year ago I had written a check to a friend provided a service to me. However unknown to me she never cashed or deposited the check she misplaced it. I consider that matter settled due to I had met my obligation by paying what I owed for services rendered. Now here we are a year later and all of a sudden she is harrassing me constantly about money she claims I didn't pay. It's not my fault she lost the check. I paid her. But now she is threaten to take me to court what can I do about this?
 


Zigner

Senior Member, Non-Attorney
I live in Michigan.... Over a year ago I had written a check to a friend provided a service to me. However unknown to me she never cashed or deposited the check she misplaced it. I consider that matter settled due to I had met my obligation by paying what I owed for services rendered. Now here we are a year later and all of a sudden she is harrassing me constantly about money she claims I didn't pay. It's not my fault she lost the check. I paid her. But now she is threaten to take me to court what can I do about this?
Pay what you owe. :rolleyes:
 

CSO286

Senior Member
I live in Michigan.... Over a year ago I had written a check to a friend provided a service to me. However unknown to me she never cashed or deposited the check she misplaced it. I consider that matter settled due to I had met my obligation by paying what I owed for services rendered. Now here we are a year later and all of a sudden she is harrassing me constantly about money she claims I didn't pay. It's not my fault she lost the check. I paid her. But now she is threaten to take me to court what can I do about this?
Replace the lost check.
 
I consider that matter settled due to I had met my obligation by paying what I owed for services rendered.
If the money never came out of your account, then you technically didn't pay anything for the services rendered.

You could potentially rely on the statute of limitations, but for contract actions in Michigan I think six years would have to pass. You would need to wait it out another 5 years before she couldn't sue you for the money.
 

LdiJ

Senior Member
I live in Michigan.... Over a year ago I had written a check to a friend provided a service to me. However unknown to me she never cashed or deposited the check she misplaced it. I consider that matter settled due to I had met my obligation by paying what I owed for services rendered. Now here we are a year later and all of a sudden she is harrassing me constantly about money she claims I didn't pay. It's not my fault she lost the check. I paid her. But now she is threaten to take me to court what can I do about this?
You paid nothing. You cannot provide a cancelled check showing that the debt was paid because the check was never cashed. You owe her the money and must replace the check. The act of writing a check does not settle a debt. The debt is not settled until the check clears your account. If the check is lost, you are obligated to replace it.
 

latigo

Senior Member
I live in Michigan.... Over a year ago I had written a check to a friend provided a service to me. However unknown to me she never cashed or deposited the check she misplaced it. I consider that matter settled due to I had met my obligation by paying what I owed for services rendered. Now here we are a year later and all of a sudden she is harrassing me constantly about money she claims I didn't pay. It's not my fault she lost the check. I paid her. But now she is threaten to take me to court what can I do about this?
Suppose the reverse. A person indebted to you claims to have mailed you a personal check in full payment. You are never in receipt of the mailing or the check. The maker insists that it was mailed.

Would you then consider that the debt had been discharged?

Your former friend doesn't and neither would you! And if the friend takes you to court, you are going to lose.

You should place a stop order on the lost check. Once the drawee bank confirms the stop order, then write the person a check for the amount owed, less the bank charges.
 

Antigone*

Senior Member
I live in Michigan.... Over a year ago I had written a check to a friend provided a service to me. However unknown to me she never cashed or deposited the check she misplaced it. I consider that matter settled due to I had met my obligation by paying what I owed for services rendered. Now here we are a year later and all of a sudden she is harrassing me constantly about money she claims I didn't pay. It's not my fault she lost the check. I paid her. But now she is threaten to take me to court what can I do about this?
When she takes you to court she will win. You defense stinks.

Who's pouring!!!
 

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