#26848 - 01/02/1004:43 PMlawyer refuse to issue a lost certified check
Anonymous
Unregistered
I had sold my house six months ago, I lost the certifed check to my house, lawyer refuse to replace it, I have tried everything they say I have to wait 2 years, plese help!
The lawyer is probably very much wrong or unaware of changes to the Uniform Commercial Code that should give you a right to get your funds a lot sooner.
You should contact the bank the check was drawn on (or the lawyer can do it). Ask the bank whether section 3-312 of the Uniform Commercial Code applies in your state. If so, you should be able to file a claim with the bank (the certifying bank) that the check was lost. You will need information about the check from the lawyer, unless you kept a copy of it (check number, date, amount, payable to, name of bank, account number, date certified).
The bank then researches its records to verify that the check has not yet been paid. If that proves to be accurate, your claim will be mature (ready to be paid) 90 days after the date the check was certified by the bank. The bank will issue you a cashier's or official check to replace the lost certified check.
If the bank reports that the certified check was paid, you will have to approach the lawyer again if a forged endorsement was used.
#27017 - 01/11/1003:00 PMRe: lawyer refuse to issue a lost certified check
[Re: Assoc Editor]
Anonymous
Unregistered
I paid my ex-wife with two checks when our divorce was final. One check was cashed, but the other has not been. If she lost the check, can she make me give her another? Or would it be like cash - if she lost it, to bad for her?
I paid my ex-wife with two checks when our divorce was final. One check was cashed, but the other has not been. If she lost the check, can she make me give her another? Or would it be like cash - if she lost it, to bad for her?
A better analogy in this circumstance is that the check was never given to her if it was not cashed.
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#27052 - 01/12/1002:02 PMRe: lawyer refuse to issue a lost certified check
[Re: Assoc Editor]
Anonymous
Unregistered
Thank you so much for your response,I have contacted the bank many times, they say without the lawyer siging off, there is not anything they can do.Which they say he is not willing to do so.I am about ready now to lose everthing I have in my storage, ect, because I am unable to pay.Three children and without a cent.I live in Toronto, Ontario, I am thinking about appling for legal aid to help me.This has been almost 7 months now.They are well aware the check has not been cashed.Thank you soooooo much for your advice.
#31943 - 07/02/1110:55 PMRe: Lost certifed check, still fighting,Two year later
[Re: Anonymous]
SoccerMomQueen
Power Poster
Registered: 04/09/01
Posts: 2632
Loc: Glistening in the South!
I think you need another lawyer ------- to deal with the original lawyer. I am unfamiliar with Canadian law, but here the funds would escheat to the state after 7 years. Then you have another problem. Please contact a lawyer or legal aid.
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