Before founding Corbus Law, Ms. del Valle Aguilera spent more than thirty years representing companies and financial institutions in Miami, achieving strong transactional experience and knowledge of operational, compliance and risk issues surrounding corporations. Ms. Del Valle-Aguilera offers legal services to local and foreign organizations doing business in Florida, being a key business advisor to senior executives and management at client companies, providing business-focused and practical approach to problem solving. She uses her business experience to provide clients with proactive legal risk management, helping avoid problems before they arise. She concentrates on commercial contracts and other transactional agreements; company formation and corporate governance; employment matters such as hiring, termination, and employee handbooks; legal risk management; vendor management; policies and procedures; and, corporate training.
A: The facts are not too clear as you say that a check was sent to Ohio without your knowledge. Were you the purchaser of the check or was it made payable to you? Was the recipient in Ohio the payee on the check? You also state that you sent the documents/check to Ohio... where you in possession of the check?
Loosing a cashier's check is a common occurrence and every state has a statutory procedure that must be followed in order for you to make a claim if you are the purchaser or the payee on the cashier's check. Customarily the claim cannot be honored by the issuing bank within the first 90 days from the check's issuance date. This is so because the cashier's check is treated as "cash" for many business transactions. For this reason, a cashier's check basically must be honored by the issuing bank and can not be subject to any defenses within the first 90 days from its issuance. After 90 days cashier's checks are treated as regular checks and are subject to defenses to its payment, including stop payment orders. You must make a written claim with your bank for the lost check. Your bank will probably have a standard "Declaration of Loss" form that you must fill-out and sign under penalty of perjury to the effect that (i) you lost possession of a check, (ii) you are the remitter ( you purchased the check) or payee of the check, (iii) the loss of possession was not the result of a transfer by you or a lawful seizure, and (iv) the you cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found.
If the check was not presented for payment to your bank, and paid within the first 90 days, your bank should honor your claim as long as you are the purchaser of the cashier's check or its payee.
A: It depends on several factors. Have you paid your car loan in full and are you in possession of the car? Normally financing agreements provide that you are liable for all costs of repossession and sale. If the finance company is in possession of the vehicle they do not have to return it to you until you make all past due payments and pay the costs of repossession. You are responsible for repossession costs.
A: This is a complex area of the law and it isn't possible to provide a response with the limited information provided. You need to consult with a Privacy Professional or a Privacy Attorney that can review your process and provide you appropriate guidance depending on multiple factors. This would also include any written disclosures you may be required to make to your U.S. clients.