CAN A COMPANY THATS LOST YOUR CHECK FOR SERVICE EXPECT NEW ONE AFTER 5 YEARS

Asked 11/11/2009 under Business | 191 View(s) | More Legal Topics

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I am a lawyer in CT and practice in this area of the law.  The statute of limitations for breached of contracts for services in most states is 6 years.  given the fact that the statute has not run, the company can likely still sue you for nonpayment.  while the coml;any lost the check, a court wil likely order you to give them a new one if the check never cleared their account.  i suggest that you look at your records to determine whether the check cleared your account.  if it did, then the company should be filing a fraud claim against the person that cashed your check.  if the check never cleared, then the check became void after 90 days and you should pay the money to avoid a law suit.  i suggest telling them that you will pay them 50% of the money to settle the claim for payment.

If you signed a contract or work order, they can still sue you for the money.  If this was an oral contract, the statute of limitations is three years instead of six, and they can't do anything legally to force you to pay them.  Of course, if you're not entirely sure whether or not your first check was actually paid, you might want to look it up in your bank statements, or have the bank research it if you don't still have them.

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