I wrote a check as an unsecured loan to a individual. After almost two months he never cashed it, and for other reasons I had to close the account. Now this person tried to cash the check and is threatening to sue me. Can he do that?
Firstly, people can sue for anything, and it seems they often do. Secondly, in some states what you did was illegal because you can't write a check and close the account. In this case the key question is why the check wasn't cashed, and did you wait a reasonable period of time? Lastly, did you offer a new check or was your offer canceled and that is the real issue? We can't answer these questions, but you should try to resolve the problem with the person, or through an attorney/the court. What the resolution is is up to you.
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Firstly, people can sue for anything, and it seems they often do. Secondly, in some states what you did was illegal because you can't write a check and close the account. In this case the key question is why the check wasn't cashed, and did you wait a reasonable period of time? Lastly, did you offer a new check or was your offer canceled and that is the real issue? We can't answer these questions, but you should try to resolve the problem with the person, or through an attorney/the court. What the resolution is is up to you.
