Someone gave me a check for services but I lost it, do I have any legal standing to make him write a new one?

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Someone gave me a check for services but I lost it, do I have any legal standing to make him write a new one?

I have looked for the check for over 3 months?

Asked on August 14, 2015 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you do not. If the check never go to you (e.g. it was mailed but was lost in the mail), you could require a new check to be issued, since the other party never successfully paid you; but if you received the check, then the other party discharged its obligations and is not responsible for what happens to the check after that. You losing the check after receiving it is no different than you cashing the check, then losing the money--it is not the other party's responsibility. Once the check is in your hand, regardless of what happens next, the other party is done.


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