DepthofField
Junior Member
What is the name of your state? California
Hi,
A little over a year ago, my friend wrote me a check in the amount of $220. She owed me this sum for various expenses I covered like dinner, gas, her ruining my wheel alignment, etc. As evidenced by the check, she agreed to pay me back for these things. However, she informed me of her poor financial situation, so I agreed to withold cashing the check for a while, as I wasn't in dire need of the money. Later on, she informed me she closed down the account, so I knew cashing the check would only create more expenses for myself and potential problems for her. To make a long story short, despite having good faith in her word, she has yet to pay me back. I've contacted her numerous times without a response. She finally said she'd pay me back about a week ago, so I gave her five days to do so until I'd file a small claims case. At this point, it appears she will not follow through, so I'd like to know if I have a chance in reclaiming what she owes me. According to her, the check is no longer good, as it's been longer than 90 days or whatever limitation there is on cashing a personal check. If this is true, fortunately she neglected to write a date on it, so there's no proof that it was issued on a certain day. So if I do cash the check and have it bounce, do I have a legitimate case? In general, what kind of policy is there when the check issuer forgets to write a date on it? Obviously I can't fill that part out myself, but will I have a chance of getting my money back or will I just end up spending more money with mailing and bank service fees? Thanks in advance!
Hi,
A little over a year ago, my friend wrote me a check in the amount of $220. She owed me this sum for various expenses I covered like dinner, gas, her ruining my wheel alignment, etc. As evidenced by the check, she agreed to pay me back for these things. However, she informed me of her poor financial situation, so I agreed to withold cashing the check for a while, as I wasn't in dire need of the money. Later on, she informed me she closed down the account, so I knew cashing the check would only create more expenses for myself and potential problems for her. To make a long story short, despite having good faith in her word, she has yet to pay me back. I've contacted her numerous times without a response. She finally said she'd pay me back about a week ago, so I gave her five days to do so until I'd file a small claims case. At this point, it appears she will not follow through, so I'd like to know if I have a chance in reclaiming what she owes me. According to her, the check is no longer good, as it's been longer than 90 days or whatever limitation there is on cashing a personal check. If this is true, fortunately she neglected to write a date on it, so there's no proof that it was issued on a certain day. So if I do cash the check and have it bounce, do I have a legitimate case? In general, what kind of policy is there when the check issuer forgets to write a date on it? Obviously I can't fill that part out myself, but will I have a chance of getting my money back or will I just end up spending more money with mailing and bank service fees? Thanks in advance!