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  1. #1
    tlc peach is offline Junior Member
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    Smile Is a "Personal Check" considered a contract?

    What is the name of your state (only U.S. law)?
    California


    Hi, I have written a personal check to an individual and in the memo line I wrote "Loan to (specified individual first name)". Check was cashed the same day at my bank. Is the personal check considered a contract?

    If so, do anyone know what the law/code is to use as a reference?

    Thank you in advance.
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by tlc peach View Post
    What is the name of your state (only U.S. law)?
    California


    Hi, I have written a personal check to an individual and in the memo line I wrote "Loan to (specified individual first name)". Check was cashed the same day at my bank. Is the personal check considered a contract?

    If so, do anyone know what the law/code is to use as a reference?

    Thank you in advance.
    No that check is not a contract. It could be used as evidence of your agreement, but it is not a contract.

    A check is actually a promissory note.
  3. #3
    tlc peach is offline Junior Member
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    Personal Check

    I was told thru small claim advisor that a personal check would be considered a contract.

    I was told to find the law code that would support this online (which I am unable to locate). Anyone?

    I have looked in Leginfo.ca.gov but cannot isolate the code.

    They also told me to have my bank validate a copy of the copy the check with a bank seal and letter supporting that this check was cashed on Date, In the Amount of $$$. The copy of the check also states on the MEMO line: Loan to Individual (which clearly states its a loan).

    Is there any Law Clerk /paralegal that can provide some guidance?
  4. #4
    Zigner is offline Senior Member
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    The check is not a contract - the check is pretty good evidence of the contract...

    Haven't I heard this somewhere before?
  5. #5
    Antigone* is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    The check is not a contract - the check is pretty good evidence of the contract...

    Haven't I heard this somewhere before?
    We don't validate or provide bank seals for checks anymore. Check 21 took care of that; but who am I to over rule the words of a small claims advisor. Heck, I'm only a banker
  6. #6
    racer72 is offline Senior Member
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    I was told to find the law code that would support this online (which I am unable to locate). Anyone?
    There is no law, that is why you and no one else can find one. A legal contract requires specific actions that the parties agree to comply with, it is called acceptance and accord, a check cannot do this. Did your check specify an interest rate for the loan or a required date of repayment? No? Then it's not a contract.

    There are things that when written on a check may hold the check recipient liable for specific actions. These are called restrictive endorsements. Your statement on the check that it is a loan in itself would not be considered a restrictive endorsement and cannot be held against the recipient.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  7. #7
    BOR
    BOR is offline Senior Member
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    If you write a check to a store for groceries, or any product, that is a "sales contract", and the check is an instrument of it.

    In and of itself, it may have some case law reference to it in some jurisdictions?

    Pay a visist to a law library, maybe of a local University/College Law School. Look up the treatises called the Restatement of the Law, they are subgrouped into categories, including Contracts. See if any case law helps. The Restatement is quoted at times in court decisions.

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