Legal Question in Business Law in California

is there a statute of limitations in Ca. on claiming the money refunded for an uncashed check from a refinance of my mortgage assuming I ask for a reissued check (I know the check is expired) as its been 12 years?


Asked on 3/17/14, 6:51 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, there is a four-year statute of limitations that applies to lawsuits based upon written contracts that likely would apply here if you brought suit to collect. However, there's a practical difference between a defense to a lawsuit -- which is what a statute of limitations is -- and a simple request to a creditor or former creditor to make good on money owed you from a settlement of the debt. If they want to get technical with you, they can refuse to pay because they'd have a defense to an attempt to collect via a lawsuit, but as honest business persons, they should be willing to settle with you upon your presentation of reasonably credible proof that they still owe you $X.

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Answered on 3/17/14, 7:03 pm

You don't say who issued you the check, but if it was a title company from an escrow of the refinance, there is a very good chance that the money escheated to the State of California some time ago. I would do as Mr. Whipple suggests first, and they may just cut you a new check with proof the money is owed. They may also, however, tell you they gave it to the state. In that case you can file a claim for the money from the Secretary of State. If they just say, buzz off, we kept the money, though, you are probably way out of luck.

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Answered on 3/17/14, 11:32 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick, but before you contact the company, I would check with the State of California's unclaimed property fund to see if that money is now being held by the state or escheated.

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Answered on 3/18/14, 9:22 am


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