Legal advice
the question:
A reader says, I have a check that was due for cashing in January 2020, and four years after its due date, I went to the bank on which the check was drawn, to cash it, but the bank returned it again for two reasons: the first was the expiration of the legal period, and the second was that the account on which the check was written was closed… and she asks how. Can you get the value of the check in such a case?
the answer :
The legal advisor, Dr. Youssef Al-Sharif, said that according to the text of Article (638) of the Federal Commercial Transactions Law, the statute of limitations for claiming the value of a check is two years from the expiry of the deadline for submitting the check for cashing, and the deadline for submitting the check for cashing is six months from its maturity date.
According to the text of Article (618) of the same law, that is, the statute of limitations for claiming the actual value of the check is two years and six months from its maturity date.
He added that based on the statement of the drawee bank for the second reason that the account is closed, the reader can register a check execution file with the court in which the place of residence of the drawer and the issuer of the check is located, then it will be announced and he will be given a period of seven days for execution, and in the event of non-execution, requests for information about his properties will be submitted to be subject to seizure. With a travel ban.
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