Legal Question

tightfit

Active member
Feb 11, 2006
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My lawyer recently informed me that a certified cheque to myself has not been cashed. The problem is that I have no knowledge of ever receiving the cheque in the first place and the lawyer that initially issued the certified cheque refuses to issue another with being indemnified..I'd like to resolve this
but both parties working on this seem to be stalled..any solutions? precedents?
thanks
 
Yeah it's a hassle trying to cancel a certified cheque, even if you have it on hand.

Probably the easiest thing is to agree by way of your indemnification, that you will not cash the original certified cheque if it comes into your hands, but will send it back to the original sender or destroy it. That's all the lawyer is asking for.
 
tried that one..but the bank said they can't do a thing..any other solutions
thanks
what exactly is an indemnification? is this a signed piece of paper saying I will not cash another cheque..or what and how do i produce one.
 
tightfit said:
tried that one..but the bank said they can't do a thing..any other solutions
thanks
what exactly is an indemnification? is this a signed piece of paper saying I will not cash another cheque..or what and how do i produce one.

Exactly, i had to go through this with the bank of canada for some bonds that were lost, its a pain in the ass but you will get your money.
 
Call whoever you've been dealing with, ask them to get the lawyer to produce the form of indemnification for you to sign (explain that it would be pointless for you to produce one since it might not be worded in a way that the lawyer would accept), and they will get one for you.

There's little magic to it, it's a simple one-paragrapg document. I could produce one for you but it would cost...hmmm let's see... how much is an hour at Roommates?
 
Dadydude,
thanks for the help..the lawyer that originally issued the cheque is being a real bugger...so I hope this works. I'll let my lawyer do a little work here.
thanks again.
ps...if it works out i'll arrange a bonus for you.
 
I'm surprised a law firm would mail a certified cheque in a manner that can't be traced.

Anyway, good luck trying to get another cheque from a lawyer. It's been my experience that they are more efficient at cashing them than writing them.

Also, if you eventually get another cheque, don't be surprised if the amount is less than the original. I'm sure a few paper clips and staples would have been used in the process.
 
In this situation, I think you really need to work with the party that issued the cheque to you. Based on your spelling of the word 'cheque', this post is written from a Canadian banking perspective...

A cheque is certified "before delivery" or "after delivery". If it's certified "before delivery", it means that the payer went to his bank before giving the cheque to the payee to certify it. "After delivery" cheque certification occurs when the payee visits the bank after receiving the cheque from the payer to have it certified before depositing it.

With "after delivery" certification, when the payer gives a cheque to the payee and the payee presents it to the bank for certification, the payee is basically saying to the bank, "I want you to cash this cheque for me, but I don't necessarily want the money right now..." The bank accepts the request, certifies the cheque and holds the funds to honour its commitment to the payee.

The payer can't stop payment on the cheque because it has been presented for payment and the bank has already honoured it. The cheque becomes a charge on the bank so it has to honour it. It has already basically paid the cheque and it is just holding the funds until the payee returns for it.

In a "before delivery" certification, the rules are a little different. The payer is asking the bank to certify that the funds are in the account at the time of the certification. In doing so, the payee is offered a sense of security about the cheque clearing without a problem. It's important to note that it's NOT ALWAYS a guarantee of payment.

The bank certifies the cheque and immediately removes the funds from the account into a holding account where the funds are kept until the cheque is presented by the payee for payment.

As far as the bank is concerned, the payer has every intention of honouring the responsibility of paying the cheque, and therefore the bank plays its part in ensuring that the transaction will occur seamlessly.

Right??...Well....

The Bills of Exchange Act is quite specific in its wording when it states that the payer may countermand (stop) payment on a cheque before it is presented to the bank for payment by using such instructions in writing to the bank. So, if the bank received such instructions from the payer, it would HAVE to put a 'stop payment' on a cheque....in which case the funds from the original cheque can be recovered and another cheque could be issued.