Re: Expired Check

There are 2 completely different questions here: (1) is the check "good?" No. The bank (both your bank and their bank) should not honor the check. (Now, banks can get sloppy sometimes, but generally speaking no, the check is no good.) It says on its face that it is no good after Jan. 31, 2007.

(2) Do they owe you the money? Yes. They already ADMITTED that they owe you the money, by writing you a check. If you had to sue them to force them to pay (which you could do), Exhibit A would be the check, wherein they AGREED to pay you. So that question is pretty much water under the bridge.

Now is it possible for their obligation to pay you to expire somehow? Well, if there were something that you AGREED to in a contract with them, that of course would be very significant and might control the situation.

There are situations where the right to receive payment might expire, such as by a statute of limitations because you slipped and fell and hurt yourself.

But this is a RETURN of YOUR money. Because you did not take the class, you have overpaid them, and the money they are holding is your own money just as if it were in the bank. So in that sense, it cannot really expire.

Now, technically, you have entered into a "bailment" situation with them. (If you give your clothes to the dry cleaners or your car to a parking valet, they hold your clothes or car under a "bailment," meaning that they have to give it back to you.) Because they are holding it for YOUR benefit (you canceled the class, when you were supposed to take their class), you DO bear some of the risk more than they do. They could argue something like that, that the risk of loss was on you.

But I don't think they can avoid paying you back.

HOWEVER... There is a slim chance that this could be viewed as an oral contract (unless you have a written contract with them), which is subject to a 3 year statute of limitations.

It is possible that a judge could interpret the statute of limitations as expiring on Jan. 31, 2009 for you to claim your money back. (It could possibly be Jan. 31, 2010, but I don't think you should take a chance.)

You should request a replacement check from them, and if they do not give one to you you should file a lawsuit by Jan. 30, 2009 to be on the safe side.