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Uncashed check from 2004 can xhusband collect


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#1 pologirl

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Posted 13 December 2012 - 11:41 AM

Can xhusband go to small claims court to get money from me for an check he never cashed from 2004? It was part of our divorce settlement for his shotgun I turned into the police. It was worth $130. He is threatening to go to small claims court to get the money.? Hasn't the statute of limitations run out on this uncashed check?

#2 Guest_FindLaw_Amir_*

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Posted 13 December 2012 - 11:48 AM

What state is this concerning?

#3 pologirl

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Posted 13 December 2012 - 11:52 AM

It is california

#4 pg1067

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Posted 13 December 2012 - 12:20 PM

Can he file a small claims action? Sure he can. But any relevant statute of limitations certainly has run out after eight years.

#5 pologirl

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Posted 13 December 2012 - 01:08 PM

He is trying to say the statute of limitations in california for personal property settlements based on divorce is 10 years, so he is saying his request is valid. But the fact is I wrote him the check in january 2004 and he never cashed it. Does he have a valid case?

#6 pg1067

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Posted 13 December 2012 - 01:59 PM

I'm not sure what "trying to say" means, but just because he says (or "tries to say") something doesn't make it true (but feel free to ask him to cite the California statute that supports his statement).

#7 Ted_from_Texas

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Posted 13 December 2012 - 06:49 PM

No, his request isn't valid. This ceased to be a divorce settlement issue when you gave him the check. If he failed to cash the check in a timely manner, that's on him.




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