If someone has not cashed a check that you wrote them over a year ago, must you issue them a new one?

My former landlord sent me an email telling me she never cashed a garage rental check for 14 months ago; I vacated this space a year ago. She would like me to issue her a new check. Do I need to do this or is there some sort of statute of limitations since I paid on time and she was the one who never cashed my check.

Asked on March 25, 2012 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. Under the laws of all states, even though you paid the former landlord long ago, the check was not negotiated and given this, the amount of the payment was never debited from your checking account. Meaning, there was no legal transfer of money from you to the former landlord. As such, you are required to issue a new check to your former landlord after he or she pays you the fee to cancel the prior check issued with your bank.


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