New York, NY asked in Business Law and Collections for New York

Q: Hi, I was given a business check in Nov 2012 as payment for money owned my my former business partner as we parted ways.

The check he sent me--signed by him--is his new company's check. I was not able to collect/deposit it as I had health issues affecting my family. He cancelled the check a week later. We were not in talking terms, as I felt betrayed during our business dealings, so two years ago (May 2017), my accountant contacted him, and he mentioned that he would like the account number to pay me for the money owed ( he mentioned the check sent on 11/2012). My accountant sent him a letter with the account / routing number but he never sent the money.

Now, that I contacted him to collect the money to pay for some medical expenses, he says that "circumstances changed, and he cannot / will not pay" any money owed to me.

I read that having the check is a promisory note, but sine it is a business check, should I sue him personally or to his business (since the check is business check), or both, for not honoring the debt and cancelling the check. Thank you for your guidance.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: You should sue both, but as it is 2019, you are likely barred by the statute of limitations unless something tolled or reset that clock.

1 user found this answer helpful

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