Florida | Credit and Debt Law
Legal Question
is a stale dated check still a debt,is a person still liable for payment
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Legal Answer
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Read More Answered By: Raymond LaBella |
The check is an order for payment from your bank to the payee. Whether a check is "stale" or not is a matter of bank policy, not an issue of law. Negotiation of instruments ("checks") is covered under chapter 673 Florida Statutes. Therefore, the right to negotiate is still valid, but may be dishonored by the bank (within its rights under the same statute).
If your question is whether tendering the check and failure to negotiate invalidates the underlying debt that the check was meant to pay, then that's another issue entirely. That would be a matter of contract law, and I would say that while legally you would have an argument for accord and satisfaction, the county court would still most likely uphold the debt. If we're talking big money, then I would send you to your local contract lawyer to get a consult. Your argument could go farther with the circuit court.
For more information on debts and collectibility, check out our website at www.LaBellaLaw.com. |
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