Do I still owe my ex for equity I paid to her at the time of divorce if she never cashed the check?
Full Question:
In a divorce 3 years ago I wrote my ex a check for pay-off of equity on our house that I kept. She never cashed the check. Since then I have closed that account . I received a letter from her this week saying she wanted her money. Is there a staute on how long she can keep a check and never cash it. Doesn't it become void after a certain period of time?
09/23/2007 |
Category: Debts and Credit |
State: Louisiana |
#8974
Answer:
The bank may cash a stale check as long as it does so in good faith, meaning that it has no reason to know the account holder doesn't want the check paid. Section 4-404 of the UCC states as follows:
U.C.C. - § 4-404. BANK NOT OBLIGED TO PAY CHECK MORE THAN SIX MONTHS OLD.
..."A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith..."