Question about some checks held by my wife's employer?

Question

In march my wife wrote 4 checks for cash (payable left blank) to her former employer that he promised he would hold.She called in sick one day and he took her off the schedule and cashed one of the checks.Since then we have moved and found out that a)he tried to cash all of them and screwed up our checking account even though we were on a payment plan to pay them off b)the company is soon to be bought out by another company.My questions about this are many.1)once the company changes names, will we still be held liable for them?2)was it legal what he did, taking her off the schedule and cashing them?My wife was also afraid to file for unemployment for fear he would cash them3)would it be with our right to contact a lawyer about this matter?4)if so, who could we contact for low cost or free representation? The checks are dated March of this year.We live in Texas.

Answer 1

It depends what the payment is for.

You can not post date checks in Texas, so no matter what date she wrote on the checks he could have taken them to the bank that day and cashed them.

If you had a dispute as to him not being allowed to cash the checks, you could have gone to the bank and did a stop payment on those checks, then if he attempted you would not be liable.

You could contact a lawyer, but you don't have much of a case on the checks. Most lawyers will let you talk to them for an initial consultation free of charge, this might answer all your questions regarding what you might accomplish legally.

If the payment was for a debt owed to the company, and the company is sold to another company, the debt is still valid and the new company would be in their right to cash the checks. Again, speak with a lawyer, just call some from the phone book and see which will offer an initial consultation.

Answer 2

Once your wife wrote those checks, she was in a binding contract, and her employer could cash them at any time. Post dated checks are actually illegal, and cannot be contested in court.

File for unemployment, it's your wife's right, and it sounds like her ex employer is going to cash those checks anyway. You will probably need the money in the account to pay for them.

Another thing you can do, is cancel the checks through your bank...there will be a fee. Tell her former employer that you have done this, and have him write up a contractual payment plan. He wants his money, and without the leverage of the checks, he is bound to get more amiable.

If he isn't amiable, he will probably take you to court. Be able to show the judge that you are making regular payments to her ex employer, and the judge will be fair about it. If your intent is to defraud, your hosed. If your intent is to pay, the judge will understand.

Answer 3

I think you shoul contact a local lawyer. Checks are negotiable documents, therefore it does not matter the circumstances where they were issued, they can be cash at any time unless there is a written agreement between the parties indicating otherwise.
If the bank dont pay the checks because the account is closed or out of funds he has the right to claim it in court.

Answer 4

If you are really worried about the checks, close the account, contact her old boss and tell him that if he needs payment that you will send him a new check with the amount owed. Leaving a check blank is crazy in my book, but I have done it once before and lucked out that it didn't backfire on me.

I know closing the account may seem extreme but it is better than having a bounced check or passing a bad check. Make sure when you write the letter that you copy it so you have a copy of your own and also have it certified/proof of service. This will show that it was or was not received.

Good luck.

Answer 5

You're screwed. If she called in sick, he did not need to take her off the schedule, she was not there. Especially if he knew you were moving. Perhaps you were trying to sneak in a fast one. Always remember that no one accommodates anyone anymore. Those days have passed. Don't expect any favors, or anybody to help you out. Sorry.

Answer 6

your wife is the one who made the mistake! By writing the four checks. (Even if are postdated). Any bank can cash a check even are postdated!! You'r wife learn something new today!!

Answer 7

The corporation, no. the different lady, confident, in accordance with state regulation. somewhat, why do no longer you sue him for divorce on the grounds of adultery, and take him for each little thing he's worth.

Answer 8

Did your wife get anything from him in writing? If not, you better be prepared to fight. It's going to be his word against hers.