Stale Dated Check

[PhoenixFTL]

I would appreciate any help I can get. I deposited a check that wasn't quite a year old and it was sent back to me as "stale dated". Is anyone familiar with this? The bank told me to have the person issue me another check but I am unable to get in contact with that person. I thought checks were good for one year. Does anyone know what my next action to take is??

[PhoenixFTL]

Well, I see many have viewed my question and none have responded. I now know why. I have been had. There is no legal action I can take to get MY money back. I have loaned someone money and had him sign a contract, he defaluted on the contract, I went to court and got the judgement, certified judgement, writ of execution, bla bla bla and what good did it do me? I was kind to someone and I have lost my shirt. I have helped someone in need and have been screwed out of $24,000.00. My judgement means nothing because the guy who I loaned the money to has no morals. Yes he ownes a very valuable vessel - probably 2 or 3 times what he owes me, but knows that if it is "owned" by his "incorporated" business, I cannot put a lein on it. I wish he knew that he put me in such a bad money situation. Now, I could really use the money I loaned him and I have to sell a very sentimental piece of jewely I have inherited. Yes, my deceased mother's engagement ring. The only piece of jewelry I have other than the $10.00 earings i have from K-Mart. Maybe I will get $2,000.00 for the ring. I hope. Maybe that will cover my legal fees and I will just be screwed out of what I loaned this beast. Just some advise to those with a good heart... NEVER, EVER LOAN ANYBODY ANY MONEY!!! I am only 39 years old but I feel like an "old fogie" when I wonder what ever happened to "the golden rule". I guess this is one life lesson that really cost me.

[Chuck]

I have a question, why did you hold the check for almost a year before depositing?

Now in your first post you said you cannot go get another check from him because you do not know where he is.

In your second post you said you know he owns a boat but is his corporation. If you know all that then you must know where he lives. Take him back to court if he will not give you another check.

[dms]

I'm sorry this terrible thing happened to you.

$24,000 is a lot of money.

I was scammed by someone I communicated with over the
web for over a year. When he sent me a story about being stuck
in thailand and needing $500 to get home, I sent him the money only
to have all communication ignored or unanswered after that.

(except for the initial promise to pay after receiving the money)

There are a lot of people out there with low or NO morals. You have
to be really careful. There are so many scammers it is unbelievable.

A good person like yourself probably wouldn't realize it, because you
believe that people should do what they say and that a person's word is
a bond. That's because you are a relatively good person. These scammers know that and will take advantage.

The good thing is that you are a better person than the one who ripped you off.

Dave

[Gene]

If you still have the check, you should be able to used that in court as evidence. Don't let that creep get off the hook that easy. Good Luck!

[PhoenixFTL]

Chuck, I didn't cash the check because it was for about half of the amount that was owed to me and he wrote in the memo something to the effect of "full payment of loan". I was afraid that by cashing it I was agreeing to that so I waited until I won the judgement from the court. My lawyer advised me not to cash the check also. I never heard of a stale dated check and was under the impression that checks were good for one year from dated. So I was never worried. I figured that I had the law on my side because Florida has fairly strick laws about passing bad checks. Now, I don't know where he lives but I do know that he has a vessel (he did when I lent him the money) I hired someone to find him but was unable to get a current address on him but was able to find out that the vessel is "owned" by a corporation. Any information about the corporation that I found was linked to his father's name and address. I believe that he is putting everything in his father's name to avoid having my lean attached to any property he has. I think that I have run out of options.