What to do if I had a restroom remodeled 1 year ago but the contractor never cashed my final check and now, a year later he wants me to write him another check?

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What to do if I had a restroom remodeled 1 year ago but the contractor never cashed my final check and now, a year later he wants me to write him another check?

This is their problem as far as I am concerned and I want to know if I am obligated to write another check.

Asked on November 6, 2012 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you can prove that you gave the check to the contractor, then that ended your obligation so long as the reason the check was not cashed was not something you did or failed to do (e.g. post dated it; insufficient funds; etc.). That said, it costs you very little or nothing to do this; and if you don't do it--

1) If you ever need this contactor again, forget about it.

2) If you need a contractor who he speaks with or talks to, forget it.

3) Even though you'd likely win if sued, he may try to sue you, which would force you to spend time and--if you hired a lawyer--money to defend yourself.

Therefore, the better course of valor is likely to ask the bank to void this check (so there is no attempt to cash it later) and write him a new one.


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