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RI need help regarding a legal issue my father is facing. About 10 years ago, my father gave a blank check to a daily finance (chit fund) guy. The account linked to that check was closed long after that when my father closed his business. My father had verbally asked the finance guy if they could settle the amount since we had financial losses, but he refused to take the money at that time.
Now, after 10 years, this person has sent a legal notice claiming my father issued the check recently, and it bounced. He also has a promissory note signed by my father, but it does not contain any details or a date.
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SCan you confirm when your account closed and what date was mentioned on the cheque?
You will need a lawyer.
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SYou should respond tot he legal notice stating that you look forward to meeting them in court.
And wait till your hearing to be able to present your fact through bank notified documentation.
The court will apply cost (penalty) on the other guy.-
RWe already have a lawyer appointed. But the lawyer is suggesting us to compromise. Is there any other way we can prove that they are wrong.
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SYup, they are in the wrong. The judge will scold the applicant here. Literally.
Strongly recommend getting a second opinion from another lawyer. Your lawyer seems to be mixed up witb the other party.
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SPhysically go to your bank. Meet the manager and give a written request letter for getting proof of account closure with the sign and stamp of the bank and get a receiving copy of such a written request letter.
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RWe have that as evidence along with my dad’s business IT returns. But our lawyer is saying that it’s your cheque in his hand. Even though you closed your business and checking account linked to it. The opponent could say that my made him believe that the business still exist in 2022 and lend the money. More over that business is in a different location than where we currently are in a village. The court notice was sent to us but was addressed to the business and proprietary. That is completely irrelevant.
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EGet a second opinion.
Also, in the check book your father might have written why the check were issued that could be used as proof that they were given 10yrs ago.
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SI’m sorry if will need some more info.
Do you have any written communication between your father and the chit fund guy about the purpose of the cheque?
At any point did your father ask in writing for the cheque back?
At any point did your father ask in writing for his cheque back?
So technically what the courts say is that a cheque is a promise to pay and the fact that your closed your company or your bank account doesn’t make the promise null and void.
But in your particular case the liability is personal and this was, I’m assuming, as security.
And the fact that your account closed over 7 years ago makes this a little shady and difficult to prove that this was a legitimate payment.-
RThis may sound a bit dramatic, but my dad was an alcoholic and not very cautious about things that would haunt him later. He believed that closing all accounts wouldn’t affect him, and the opponent was never on good terms with us. We tried to settle their debt, but the opponent demanded more. We attempted to discuss resolving this matter with our relatives while closing the business, but the opponent remained silent until 2022. This led my parents to assume he had left, and my dad never asked for his cheque back or spoke to him again.
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