Any Lawyers here??? I have a dumb question

yoke

So today I got into an argument with a guy I work with about a Legal Document. Actually it was if he was to write me a "check" on a napkin it would be valid. Now, I have a problem believing this would be true. I tried to get him to write me a check for $1 and I would go to his bank to cash it, he wouldn't do it but insisted that it would work. I even gave him $1 out of my pocket so he wouldn't lose a dollar if the napkin cashed. Anyway, would this work? Would this be considered a real check?



woohoo 1100 posts..

mfc2006

not a lawyer..but wanted to say that it's my belief that any writing can hold up in court. whether it was written on a napkin or whatever. things such as IOU's, contracts, etc. but, like i said..i'm not a lawyer. so i'm probably wrong.

strummers

yoke wrote:

So today I got into an argument with a guy I work with about a Legal Document. Actually it was if he was to write me a "check" on a napkin it would be valid. Now, I have a problem believing this would be true. I tried to get him to write me a check for $1 and I would go to his bank to cash it, he wouldn't do it but insisted that it would work. I even gave him $1 out of my pocket so he wouldn't lose a dollar if the napkin cashed. Anyway, would this work? Would this be considered a real check?



woohoo 1100 posts..

I know that's true in the UK (as long as all required info is included) - remember years ago there was some argument between a farmer and his bank so he wrote a cheque on the side of one of his cows and took it to the bank - they had to accept it! Will try to find a link - but I think it was pre-internet days.

http://www.guardian.co.uk/notesandqueri ... 34,00.html

yoke

my understanding is that its the intent of the agreement or something like that. I also heard that not all judges,states are the same. I still want him to do it and I want to see if it works.

j-bug

write yourself a cheque.

JordyWordy

For you to enforce any agreement, you would have to give him something ("Consideration") in return for the money. I dont know if any bank will accept cheques that arent official!!!

Technically It'd stand up in court, but a bank won't accept it. Hell you don't technically even need it writing, it's just makes it a lot easier to prove than a verbal agreement.

So say, you'd agreed to give him a CD, and that napkin was a "cheque" from him, saying that he'll pay you for the CD, and he doesnt pay you....well then you could go to court to enforce the deal. (obviously the figures would need to be a wee bit higher than that to go to court, but you get the idea!).

DewieCox

In my business class in HS I was told, by a banker, if it has all the necessary info it is legit. The problem would be getting somebody to accept it. I'd think most bankers would even scoff at it.

wolfbear

DewieCox wrote:

In my business class in HS I was told, by a banker, if it has all the necessary info it is legit. The problem would be getting somebody to accept it. I'd think most bankers would even scoff at it.

I'd agree with this. Back in the 70's people used to do this but now I agree that getting any bank to cash it would be very tough indeed.