Legal Question in Consumer Law in Delaware

Re: checks

Nor sure what the rule is in Delaware, but in Virginia, and I suspect througout the former English colonies, tender of payment is payment. That is to say, if your check was good at the time they accepted it as payment, then they received the payment they were due. If they lost your check, that's like losing the cash you gave them. If this had happened in Virginia, a statute would give them the option of making up an "affidavit of lost instrument" and suing to collect on that, which would be more trouble than you need, and could cost you more in attorneys' fees than the amount of the check. I suggest you tell them you'll stop payment on the previous check (verify with the bank first that it hasn't already been negotiated), and give them a new check for the full amount of the previous check minus the fee for the stop payment. Whatever your legal rights, if you insist on using the law to take a position that the average wal-mart shopper would regard as morally weak, you're likely to lose regardless of the law. The judicial system is not a deterministic system.