Full question:
I refinanced my home in 2003. Earlier this year I received a refund check. I misplaced the check and found after it was void. I called the escrow company to turn in check and was told would receive a replacement check. Two weeks have passed and I am getting the run around. Need to know what I have to do.
- Category: Small Claims
- Date:
- State: California
Answer:
It is a general rule that a check is not absolute payment until it is paid by the bank on which it is drawn. Delivery of a check constitutes conditional payment, which is dependant upon the check being honored.; In other words, you are still owed the money whether you lost the check or not. How to get the escrow company to honor this debt is another matter.
Obviously you have the right to bring a lawsuit in small claims court, but that would be cost prohibitive. Perhaps if you went to a branch office of the escrow company in person, you could get the check more quickly.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
