C
circlei
Guest
**First question re: 47-3309. Enforcement of lost, destroyed or stolen instrument
A. A person not in possession of an instrument is entitled to enforce the instrument if:
1. The person was in possession of the instrument and entitled to enforce it when loss of possession occurred
***Is a commercial carrier entitled to enforce an instrument ( personal check ) written to a third party and collected for a C.O.D. delivery? Example: I order merchandise from ABC company who ships the merchandise C.O.D. to my business. The carrier delivers the merchandise and collects a check written to ABC company. The carrier subsequently loses my check and sues me for the amount of the check. Is the carrier entitled to enforce the check? Thanks in advance for your reply!
**Second question: The carrier sued me and I counterclaimed for damages but, the carrier did not respond to my counterclaim in the time allowed by law. I filed a request for default but, the court set a date for hearing and the carrier answered the counterclaim today, much later than required by law. It looks like I am going to get my head kicked in and beaten by fancy lawyer tricks. The carrier settled a portion of my counterclaim outside of the court but, sent the check (the amount was more than the carrier sued me for) to the wrong individual and he stole it. Now I am still facing the carriers suit and am out the amount of the stolen settlement. I filed a fraud complaint against the individual that stole the check but, may never recover that. In the meantime, the carrier is still suing me...Please help with advice, thanks very much!
A. A person not in possession of an instrument is entitled to enforce the instrument if:
1. The person was in possession of the instrument and entitled to enforce it when loss of possession occurred
***Is a commercial carrier entitled to enforce an instrument ( personal check ) written to a third party and collected for a C.O.D. delivery? Example: I order merchandise from ABC company who ships the merchandise C.O.D. to my business. The carrier delivers the merchandise and collects a check written to ABC company. The carrier subsequently loses my check and sues me for the amount of the check. Is the carrier entitled to enforce the check? Thanks in advance for your reply!
**Second question: The carrier sued me and I counterclaimed for damages but, the carrier did not respond to my counterclaim in the time allowed by law. I filed a request for default but, the court set a date for hearing and the carrier answered the counterclaim today, much later than required by law. It looks like I am going to get my head kicked in and beaten by fancy lawyer tricks. The carrier settled a portion of my counterclaim outside of the court but, sent the check (the amount was more than the carrier sued me for) to the wrong individual and he stole it. Now I am still facing the carriers suit and am out the amount of the stolen settlement. I filed a fraud complaint against the individual that stole the check but, may never recover that. In the meantime, the carrier is still suing me...Please help with advice, thanks very much!