Legal Question in Business Law in Indiana

Am I obligated to issue a replacement check to a company that I owe? The first check was for full payment. They did receive it and signed for it through certified mail, but they never used it. I have a response letter from them that has a photo copy of the check with a hand written note that refuses the payment and states that they will keep the check in their possession. They claim to no longer have the check. Now they wish to accept the payment, but they want a new check. Thank you for any advice.


Asked on 12/29/12, 10:33 am

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

Demand return of the first check, in writing. It is unclear from your questions as to who wrote the refusal payment note. If it was a bank which refused payment and if it was a problem with your account, you need to straighten out the matter immediately and make good on the check.

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Answered on 12/31/12, 5:12 pm


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