Settlement Check That Was Never Cashed

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Settlement Check That Was Never Cashed

Hello In 2008, I received a settlement check due to an MVA. The
settlement check was first deposited into the lawyers trust account. Then
shortly after, I was issued a personal check from the lawyers trust account
for the full amount of the settlement. Fast Forward 9 years later and the
check was never cashed, the lawyer who issued me the check was disbarred
in 2014 and the bank where the check was issued, has been closed.
Therefore, I would really appreciate the advice from a lawyer explaining
what my options are. Thank you in advance.

Asked on August 16, 2017 under Accident Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, it is most likely too late to do anything. A settlement is legally considered a contract; the statute of limitations, or time within which to take legal action, for a contract in your state is six years; once that statutory time period passes, any debt or amount owed you is effectively null and void, since you cannot compel payment any longer (i.e. the other side can just not pay, and you can't do anything about it); if you waited 9 years, the 6-year statutory period would have long since expired, so there is no ability to force anyone to re-issue the check or otherwise pay.


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