One for the legal eagles...
 

If a merchant loses a check, is the customer responsible to reissue
another one when the merchant requests it? Or is it the customer's good
luck?

Assume that the customer and merchant have some bad blood; maybe the
merchant refused to accept something the customer wanted to return, and
that this lost check turns out to be an opportunity for the customer to
get some just desserts. Can the customer say "ha! I gave you a valid
check, my responsbility ended there. You lost it, you eat it."

--riverman

(of course, this is hypothetical, and anything that is said here is
merely hypothetical and not really legal advice...)

riverman wrote:
If a merchant loses a check, is the customer responsible to reissue
another one when the merchant requests it? Or is it the customer's
good luck?

Assume that the customer and merchant have some bad blood; maybe the
merchant refused to accept something the customer wanted to return,
and that this lost check turns out to be an opportunity for the
customer to get some just desserts. Can the customer say "ha! I gave
you a valid check, my responsbility ended there. You lost it, you eat
it."

--riverman

(of course, this is hypothetical, and anything that is said here is
merely hypothetical and not really legal advice...)

IANAL. However, I will offer my opinion.

You don't owe him anything - you paid, I assume you have a receipt. His
loss of your check is not your problem. And given that the vendor lost
whatever goodwill he might have earned with you in the deal, you should feel
no obligation. However, I would offer him a deal, just out of the kindness
of my heart - potentially earning yourself some goodwil for future use
(assuming you want that). First I would ask him to pay your check
cancellation fee at your bank. That check is still out there somewhere and
either your vendor or whoever finds it might still cash it. Cutting a
second check has the potential of causing you to be doubly charged. The
vendor should see the logic of that. If he won't cover the cancellation
fee, just walk. The vendor has screwed the pooch. Instead of offering a
second check, offer the return of the merchandise (what you wanted to do in
the first place). If the vendor is at all logical he should see that this
is a fair deal. All he's out is the check cancellation fee which is not
unreasonable given they he's at fault for losing the check. You end up with
zero cost (except for your time), potentially some goodwill, and no moral or
ethical pain. Your good karma will be repaid with eternal happiness (or a
ham sandwich, which we all know is even better).
--
Stan Gula
http://gula.org/roffswaps

riverman wrote:

If a merchant loses a check,
.....etc.

(of course, this is hypothetical, and anything that is said here is
merely hypothetical and not really legal advice...)

I called and asked my old friend John Roberts.

He said, "Gone with the Wind."

HTH.

JR

Even with a stop payment, the check can be cashed! A check cashing service
gets the money even with a stop payment. True, but sad. Teh radio lawer on
KGO San Francisco was explaining it a few weeks ago.

"Stan Gula" wrote in message
news:0pZWe.5201$iv5.274@trndny03...
riverman wrote:
If a merchant loses a check, is the customer responsible to reissue
another one when the merchant requests it? Or is it the customer's
good luck?

Assume that the customer and merchant have some bad blood; maybe the
merchant refused to accept something the customer wanted to return,
and that this lost check turns out to be an opportunity for the
customer to get some just desserts. Can the customer say "ha! I gave
you a valid check, my responsbility ended there. You lost it, you eat
it."

--riverman

(of course, this is hypothetical, and anything that is said here is
merely hypothetical and not really legal advice...)

IANAL. However, I will offer my opinion.

You don't owe him anything - you paid, I assume you have a receipt. His
loss of your check is not your problem. And given that the vendor lost
whatever goodwill he might have earned with you in the deal, you should
feel
no obligation. However, I would offer him a deal, just out of the
kindness
of my heart - potentially earning yourself some goodwil for future use
(assuming you want that). First I would ask him to pay your check
cancellation fee at your bank. That check is still out there somewhere
and
either your vendor or whoever finds it might still cash it. Cutting a
second check has the potential of causing you to be doubly charged. The
vendor should see the logic of that. If he won't cover the cancellation
fee, just walk. The vendor has screwed the pooch. Instead of offering a
second check, offer the return of the merchandise (what you wanted to do
in
the first place). If the vendor is at all logical he should see that this
is a fair deal. All he's out is the check cancellation fee which is not
unreasonable given they he's at fault for losing the check. You end up
with
zero cost (except for your time), potentially some goodwill, and no moral
or
ethical pain. Your good karma will be repaid with eternal happiness (or a
ham sandwich, which we all know is even better).
--
Stan Gula
http://gula.org/roffswaps

riverman wrote:

If a merchant loses a check, is the customer responsible to reissue
another one when the merchant requests it? Or is it the customer's good
luck?

Assume that the customer and merchant have some bad blood; maybe the
merchant refused to accept something the customer wanted to return, and
that this lost check turns out to be an opportunity for the customer to
get some just desserts. Can the customer say "ha! I gave you a valid
check, my responsbility ended there. You lost it, you eat it."

--riverman

(of course, this is hypothetical, and anything that is said here is
merely hypothetical and not really legal advice...)


i have no intentions of giving legal advice here...but, my personal
feeling is just because [someone] might have the right to do a thing
doesn't make it the right thing to do. my personal approach would be, if
the merchant lost the check, i'd offer to issue another check less any
stop payment charges incurred by my bank for stopping payment on the
lost check. it is fair...the merchant absorbs the cost of his mistake,
and [someone] is neither dishonest nor dishonorable in the transaction
by getting something for less than the agreed consideration. btw,
technically, the payment isn't honestly made until the check is honored
and paid by the payor's bank.

i'd not counsel compromising or losing one's principles and integrity by
assuming the same repugnant characteristics despised in the other person...

Jeff Miller wrote:
riverman wrote:

If a merchant loses a check, is the customer responsible to reissue
another one when the merchant requests it? Or is it the customer's
good luck?
snip
i'd not counsel compromising or losing one's principles and integrity
by assuming the same repugnant characteristics despised in the other
person...

golf clap
--
TL,
Tim
---------------------------
http://css.sbcma.com/timj/

isn't a check nothing more than a promise to pay?

On Sat, 17 Sep 2005 15:16:26 -0400, Jeff Miller
wrote:

(snipped)

i'd not counsel compromising or losing one's principles and integrity by
assuming the same repugnant characteristics despised in the other person...


Not a legal type, but if you got merchandise for the check, stop the
payment and write another check or return the merchandise. Otherwise,
while I doubt it could be called theft, it'd have some odour of it
morally. In any case, stopping payment is the thing to do.

How sure is the merchant that the check is really lost? How sure is
the check writer that the merchant is telling the truth, since there
is bad blood?

Cyli
r.bc: vixen. Minnow goddess. Speaker to squirrels.
Often taunted by trout. Almost entirely harmless.

http://www.visi.com/~cyli
email: lid (strip the .invalid to email)

"Jeff Miller" wrote in message
news:5YZWe.26324$hp.19936@lakeread08...

...i'd not counsel compromising or losing one's principles and integrity
by assuming the same repugnant characteristics despised in the other
person...

Then, pray tell, what purpose or meaning can possibly adhere to
participating in discussions in ROFF? :(

Wolfgang
who begins to sense life's raison d'etre slipping away as inexorably as its
quickly diminishing remaining moments.

Wolfgang wrote:

"Jeff Miller" wrote in message
news:5YZWe.26324$hp.19936@lakeread08...


...i'd not counsel compromising or losing one's principles and integrity
by assuming the same repugnant characteristics despised in the other
person...


Then, pray tell, what purpose or meaning can possibly adhere to
participating in discussions in ROFF? :(

Wolfgang
who begins to sense life's raison d'etre slipping away as inexorably as its
quickly diminishing remaining moments.



:)

but, there are moral compasses spinning about seeking "true" guidance in
even less worthy venues, eh?

and...as i continue to sort through yesterday's offerings, i trust i
shall soon discover a recounting of your adventures in the "true north"?

jeff