We broke up and he gave me cheques. Several have gone through and one he paid in cash. Now he says he is cancelling the rest and too bad for me.
Do I have to wait and see if they all clear or can I start proceedings when just one bounces? There are 5 more.

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Originally Posted by Pembroke

We broke up and he gave me cheques. Several have gone through and one he paid in cash. Now he says he is cancelling the rest and too bad for me.
Do I have to wait and see if they all clear or can I start proceedings when just one bounces? There are 5 more.

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Checks for what? Do you have anything in writing stating that he owes you money?

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Originally Posted by Pembroke

Do I have to wait and see if they all clear or can I start proceedings when just one bounces? There are 5 more.

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Hello P:

Yes, you do... So, take all 5 to the bank TODAY and try to cash them. If they bounce, then sue him. The fact that he WROTE those checks is pretty good proof that he owes you money.

excon

PS> I understand that they're post dated.. I terms of your claim, that makes NO difference. In terms of the bank, if the money is there, they'll cash the checks. The date on the check makes NO difference to the bank.

There is nothing you can do until they are not accepted by the bank.

And he may not have cancelled them yet, so I agree with excon, take them and see ifyouu can get your money

this8384 - I believe that if he wrote the cheques and several have already passed then it constitutes agreement to the debt.

excon - I went to the bank today and he has only put a stop payment on the one dated today. The others are not listed as stop payment. There are 5 total counting today's date. I don't think I can take the rest to the bank since they are post dated. What I was thinking was if I opened an account at the same bank and had them cash them on the dates specified there would be a better chance of a court action if they don't clear or are stopped. I did ask and they will process them for me if I have an account at the same bank so that may be my next step. That way they can get involved and I may have a better case if he continues to post stop payment on the rest.

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Originally Posted by Pembroke

this8384 - I believe that if he wrote the cheques and several have already passed then it constitutes agreement to the debt.

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Not true. He could always turn around and say he lent you money, hence the checks, and that you now owe HIM. Back to my original question: what are the checks for?

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Originally Posted by Pembroke

excon - I went to the bank today and he has only put a stop payment on the one dated today. The others are not listed as stop payment. There are 5 total counting todays date. I don't think I can take the rest to the bank since they are post dated. What I was thinking was if I opened an account at the same bank and had them cash them on the dates specified there would be a better chance of a court action if they don't clear or are stopped. I did ask and they will process them for me if i have an account at the same bank so that may be my next step. That way they can get involved and I may have a better case if he continues to post stop payment on the rest.

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The date is not a legal part of the check - I was told this by the teller at my bank. Post-dating has no effect; if the money is in the account, the bank is required to give you the money as long as it is in the account.

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Originally Posted by this8384

The date is not a legal part of the check - I was told this by the teller at my bank. Post-dating has no effect; if the money is in the account, the bank is required to give you the money as long as it is in the account.

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Hello again, this:

Yeah. I told her the same thing, but she didn't believe me... I don't understand people who ASK for advice, then flatly tell you that they're NOT going to follow it... I HAD sympathy for P, in the beginning. Now, not so much.

excon

Quote:

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Originally Posted by excon

Hello again, this:

Yeah. I told her the same thing, but she didn't believe me... I don't understand people who ASK for advice, then flatly tell you that they're NOT going to follow it... I HAD sympathy for P, in the beginning. Now, not so much.

excon

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... but they're post-dated.


What? ;)