Basically as the topic suggests I have a check in my possession which while it doesn't have "void after.." appears to be valid only for 6 months. Company isn't responding to emails, I have a credible reason for not cashing it in 6 months.. was actually sent to an incorrect address (prior residence.. notified company years ago of change.. never updated on their end). Only got it after a family member who was overseas was sifting through their mail and found it. It's for nearly 4k

  • No doubt the company has cancelled the check? Either happens automatically, or did it after I emailed them so they wouldn't have to pay? I believe only certified checks have the money held in "reserve" and even those expire? It's a shame I've worked with these guys since '03 and driven nearly 70k in sales. So much for loyalty – Craig May 13 '12 at 18:45
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    "appears to be valid only 6 months" - Why? did you try to cash it? I thought checks were valid at least a year unless they stated otherwise. – JTP - Apologise to Monica May 14 '12 at 1:18

Sue them. If they owe you the money - they have to pay. Saying "we sent you the check, its your problem now" is not a credible defense, especially if its sent to a wrong address.

That is if they still exist.

You can start with depositing it (taking a chance of paying fees if it bounces). The "void after" is meaningless really, but different banks have different rules re stale checks.

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    thanks littleadv, Unfortunately the check was (from memory, don't have it infront of me atm) written or "cut" in Sept 2010. My aunt whos house it was sent to got back around a year after and told me. The company never informed me they were going to send me payment by check since I normally recieve wires. Actually as far as the company existing, I think they have formed into another brand which may be why they sent a check instead of wire as they were in a hurry to close all accounts. If they had at least emailed me I could have verified details with them. – Craig May 13 '12 at 18:37
  • (Sorry not entirely familiar with this format) Basically I tried everything, posting on industry forums, contacting them by phone, etc. Every email for the owners I could find, so I'm at the end of the road with a piece of paper only. Just wanna know if I can do anything before I throw in the towel. Legal action might be pointless since the amount would be eaten up in lawyer/court fees with no guarantee of success. I have told my story on various forums so people know about this company, guess thats all i can do. thanks – Craig May 13 '12 at 18:49
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    @Craig I think its within the limits for small claims, so you don't have to spend a lot on a legal procedure. If the company no longer exists, then probably not much left to do. Check how they were organized, if its a partnership/sole-propriator - you can sue the actual owners. If its a LLC/corporation - then once there's no entity, probably no-one to go after. – littleadv May 13 '12 at 18:55
  • thanks littleadv, I believe this company actually operates several smaller companies and the parent company still exists.. that issues the checks. I'm staying at a friends house and will verify this when I get home. Unfortunately I live in Australia (Company is in U.S) to complicate things. Anyway thanks for your help. Checks have always confused me, hence why I prefer wire, paypal, etc. – Craig May 13 '12 at 19:02
  1. Establish if the check was cancelled by the company or not. Without this information you are in no-man's land. Be aware that some cancellations are not forever - IIRC many are time limited to something like six months requiring a renew by the issuer.
  2. Speak to your bank. Banks are not obliged to pay stale checks but they can. Yes, they rejected it once, but get talking to a personal banker (not a cashier).
  3. Sue them. Per littleadv's answer: the check being stale is meaningless to your right to the money they owe you.

Of course, all this is without foundation if they have ceased to exist. But even then (if you are angry enough) you could see where in the wind-down process they were and make a claim on the assets as a creditor (for example, if it was a bankruptcy situation).

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