Signing Bonus? Return obligation?

[CMLANDLORD]

The letter and the fact you wrote the check won't stand as concrete evidence unless your former employer cashes the check and then subsequently accuses you of not paying the $K back. Since they haven't cashed it, you haven't upheld your end of the bargain. No money has exchanged hands. A check is an instrument, not cold hard cash. Why can't you just accept it as a mistake on their part? Just because the check is lost doesn't mean you paid them. This is common sense.

 

[surfer349]

ok,

But i think yall are missing the point. I have a signed statement, a receipt saying that I paid them. That is the hook. Essentially I have proof that they received the money.

How are you not taking this into consideration? Why is this being ignored? Are receipts no longer valid for anything?

 

[Zigner]

ok,

But i think yall are missing the point. I have a signed statement, a receipt saying that I paid them. That is the hook. Essentially I have proof that they received the money.

How are you not taking this into consideration? Why is this being ignored? Are receipts no longer valid for anything?

You have a receipt saying you gave them a check. A check does not represent payment until it is CASHED.
Can you prove the check was CASHED? No, you cannot.

I think YOU are the one missing the point.

 

[tranquility]

I'm just trying to ascertain information. I don't understand how I am still responsible for this if they made an error. Can someone actually explain with out being condescending? If this did go to court, I have a document/receipt stating I returned the $$. Couldn't this be used as proof that I gave them the money, releasing me of responsibility?

Employer: "Guy owes us the money."
Judge to surfer: "Did you pay the money?"
Surfer: "I have this receipt saying I did.
Judge to surfer: "Um....did you pay them the money?"

Well, did you?

 

[CMLANDLORD]

Your little receipt is useless until the check is cashed. AGAIN. A check is an instrument to facilitate the TRANSFER of funds. Until your former employer cashes the check, you have not fulfilled your end of the contact. You will lose in court.

Say skate boarder owed you $10. He wrote you a check. You gave him a piece of paper saying skate boarder paid me on 10/28/08 w/ ck # 123. If you don't physically go to the bank to CASH the check and physically have the $10 in your hand, he has not paid you correct?

Your former employer has NOT cashed the check. You owe them $4K!!!!!!!!

 

[HomeGuru]

ok,

But i think yall are missing the point. I have a signed statement, a receipt saying that I paid them. That is the hook. Essentially I have proof that they received the money.

How are you not taking this into consideration? Why is this being ignored? Are receipts no longer valid for anything?

**A: hello, wake up and smell case and statutory law. You have no proof that you paid them the money unless your evidence in the court of law is the cancelled check for $4K.
All the evidence you have is that they received a worthless check from you. You have no receipt for the cash. All you have is a receipt for a check; which was not negotiated.

 

[>Charlotte<]

I'm going to pay all my bills next month in person, and ask for a receipt that acknowledges I gave them a check. Of course, the checks I give them will be on an old, closed account that has no money in it, but that won't matter. After all, I'll have receipts saying they got my check.

 

[HomeGuru]

I'm going to pay all my bills next month in person, and ask for a receipt that acknowledges I gave them a check. Of course, the checks I give them will be on an old, closed account that has no money in it, but that won't matter. After all, I'll have receipts saying they got my check.

**A: hehehe, that's a good one.