cashing an old check

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

What are my legal rights if I cash a check that was 18 months old and written out to me? Did I do anything wrong? Can I be sued for cashing this check by the individual who wrote it out to me?

I'm just concerned because the individual who wrote it to me is saying that the circumstances under which he offered me the money no longer exist. Is this a valid claim? They are stating they want to take legal action against me. As far as I am concerned this money was a personal gift. The check is a personal check from one "friend" to another. There is no contract present. Can this person legally make me pay them back?

billy2882 said:

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

What are my legal rights if I cash a check that was 18 months old and written out to me? Did I do anything wrong? Can I be sued for cashing this check by the individual who wrote it out to me?

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There is nothing wrong with attempting to cash the check. It is quite possible that the check won't be cashed for you based on its age.

thank you! I'm just concerned because the individual who wrote it to me is saying that the circumstances under which he offered me the money no longer exist. Is this a valid claim? They are stating they want to take legal action against me. As far as I am concerned this money was a personal gift. The check is a personal check from one "friend" to another. Can this person legally make me pay them back?

billy2882 said:

thank you! I'm just concerned because the individual who wrote it to me is saying that the circumstances under which he offered me the money no longer exist. Is this a valid claim? They are stating they want to take legal action against me. As far as I am concerned this money was a personal gift. The check is a personal check from one "friend" to another. Can this person legally make me pay them back?

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If the check is cashed and the person wants to sue you for it they can ~ it is their right. It does not mean they will win. Even more so, if they win it doesn't mean they will ever collect.

Stale check

The circumstances under which the check was originally written don't have to exist now. They existed when it was written. Had the check been cashed back then, there likely would have been no issue. But since you waited...

The only possible issue I can see is if the check had been written to pay a debt or something, and that debt had since been paid in full in another way. Of course, the person who wrote the check will have to prove that. But just because you CASHED the check doesn't mean they have a case to sue you.

Sounds to me like that person probably didn't really track the funds on the check, figured that after 18 months it was highly unlikely it would ever be cashed, and when the check actually cleared it caught them short on funds in that account. Most banks won't cash a check that's over 6 months old (they call it a stale check at that point), but it is up to the individual bank (or local statute) as to whether or not they can or do.