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One year later...check never cashed

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Donnastram

Guest
What is the name of your state? Maryalnd
Over a year ago, my husband and I signed a contract for a security system on our home which was not yet built. The company advertised a "free security system" with a contract for one year of the monitored service. During our meeting, we found that the free system was very basic. We decided to upgrade the system for a cost of $1,000. We provided a check to our sales rep and signed a contract for the monthly service. After one month, my husband noted that the check had not cleared. He called the security company to advice, and was told that they would take care of it. Another two months went by, and the check still was not cashed. My husband once again placed a call to advice and received the same response.
About a year after we signed the contract, the security company arrived to install our new system. The installer did not mention the check, in fact, his installation sheet was marked "paid in full." One month after installation (and more than a year after we signed the contract), an employee of the security company called to ask about payment. It seems that the audit company discovered the nonpayment.
Are we still obligated to pay the $1,000?
 


I AM ALWAYS LIABLE

Senior Member
Donnastram said:
What is the name of your state? Maryalnd
Over a year ago, my husband and I signed a contract for a security system on our home which was not yet built. The company advertised a "free security system" with a contract for one year of the monitored service. During our meeting, we found that the free system was very basic. We decided to upgrade the system for a cost of $1,000. We provided a check to our sales rep and signed a contract for the monthly service. After one month, my husband noted that the check had not cleared. He called the security company to advice, and was told that they would take care of it. Another two months went by, and the check still was not cashed. My husband once again placed a call to advice and received the same response.
About a year after we signed the contract, the security company arrived to install our new system. The installer did not mention the check, in fact, his installation sheet was marked "paid in full." One month after installation (and more than a year after we signed the contract), an employee of the security company called to ask about payment. It seems that the audit company discovered the nonpayment.
Are we still obligated to pay the $1,000?

My response:

Where is your logic?

The simple fact of the matter is that you received a product, and a service. Further, the fact remains that you haven't paid for that product and service.

Until money is taken from your account, and paid to the security company, you can't possibly be serious enough to believe that you're entitled to "something for nothing".

Pay up, or be sued. Having written a check a year earlier, that hasn't been cashed, is not a defense.

IAAL
 

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