There are a plethora of legal subjects about which I know a lot. The law of negotiable instruments is not one of them. Do I write (and cash) checks? Sure. Do I actually know the rules about them? Not really. Not in any legal sense, anyway.
But today's opinion sheds some light on the topic. I did not know, for example, that you could file an independent action against someone who wrote you a check if you end of losing the check (at least in California). That's super helpful to know. If only because I'm confident that I've lost checks before, and will lose them again. Sure, if they're nice, the person who wrote the check will probably send you a replacement. But not everyone is nice.
There are more details about this particular statutory provision in the opinion. Details that include why the recipient of the check here doesn't end up getting paid.
But for your prototypical "lost check," fear not. You can get it back.
Good to know.
