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  1. #1
    Join Date
    Jan 2005
    Location
    oregon
    Posts
    2

    Default Old rent check I forgot to cash - what are my options?

    Hi,
    Recently, I was going through my dresser cleaning up papers, and found an approximately 18 month old rent check from the previous renter of my house (from June of 2003). To make sure I didn't cash another check from him and that this wasn't a duplicate, I requested (and got) all bank records from May, June and July. I also got a photocopy of his check for July (the month after the missing month), to verify that he was indeed living there through that time period. There are deposits for May and July from him, but not from June. So, basically, I neglected to cash the check. In any case, once I was sure of this, I contacted him. After he didn't return my phone messages, I finally called and he picked up. Not surprisingly, he was not very happy about the information, claims he paid it (which he did, as I have the check in question) - but (my bad) it was never cashed. I called the bank and they said his account was still active and that I could come into the bank and cash the check in person (to make sure enough money was in the account). I have a couple of questions. First, I drafted a letter to him stating the documentation I have and requesting we work this out. I said in the letter that if he contacted me regarding this issue, I would accept payments over the course of 3 months so as not to impose an undue financial burden on him. I also said that if he did not contact me, that proposal was off, and that I would take action (although I did not specify what that would be). Basically, although I felt I had to try, I'm certain he won't want to pay up, and so I'll try to cash the check. I'm worried, first off because I don't really want to screw someone over by taking money they might be counting on to pay bills(however nasty they were to me on the phone!), but I also don't want to lose my money. Secondly, as far as I can tell this is legal, but I want to make sure. I looked up the statute of limitations in Oregon and it's 6 years for contracts, so I would assume I am legally in the right as he lived there and I never actually got the money cashed. So, is it legal for me to cash the check? If I decide to go to small claims court instead, am I likely to get a ruling in my favor? Sorry it's so long, but I would really aprreciate an answer!

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Check

    If the bank honors the check, you will be paid. If the bank honors the check and it shouldn't have done so, the former tenant's gripe should be with the bank, not you. There shouldn't be a need to go to small claims court - you would have a difficult time making a case there if you recite that you have a valid check which the bank will accept, but you want a new one anyway.

    It sounds like you have gone above and beyond the call of duty, giving the guy lots of options including the option of making payments, and he prefers to think of this as a Monopoly-style "bank error in his favor".

    If you want 100% certainty on the state of the law, you will need to check with a local attorney. However, as long as the check is valid and the debt is real, there shouldn't be a problem cashing the check.

  3. #3
    Join Date
    Jan 2005
    Location
    oregon
    Posts
    2

    Default

    Thanks! I sent the letter off today by certified mail. I'm going to wait until he gets it, I gave him a deadline for contacting me, and then if he doesn't contact me, I'll go ahead and try to cash the check. Thanks though, I just wanted to be sure I was doing this legally, and also that I had pursued the ethical course of action. Thanks!

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