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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.