[RBS] cancelling cheques in Israel

[Phil'n'Chanie Rosenfelder]

from a wonderful lawyer:

---------- Forwarded message ----------
From:
Date: Mon, Oct 24, 2011 at 8:27 PM
Subject: Re: [rscp] Fwd: [RBS] why cancel a check in israel?
To: "



you have to pay the cancellation fee - that is the agreement w the
bank and has nothing to do w the check - logic is that if the check is
not valid the person holding it should return it w out you having to
cancel - if they don't,  the bank is providing a service (that being
said bank fees are too high and many are unfair)

wrong on the other issue  - this is my field of expertise - a
cancelled check can be cashed by the person holding it / the bank will
not honour the check but the person holding the check can go to hotzaa
lepoal and sue

however if you had a valid reason for canselling the check then you
put in a "hitnagdut"within 21 days and you are heard in court as a
regular court case

beware - if the check was transferred to a third party a defense valid
againstr the person you gave it to will not be valid against the third
party so ALWAYS WRITE LAMUTAV BILVAD WHEN GIVING A SECURITY CHECK OR
IF YOU PAY FOR GOODS OR SERVICES NOT YET RECIEVED OR GOODS RECIEVED
AND IF DAMAGED YOU CAN GET YOUR MONEY REFUNDED

E.G. A CHECK TTO THE MAKOLET FOR LAST MONTH'S SHOPPING DOES NOT HAVE
TO BE LAMUTAV BILVAD

BUT!!! A RENT SECURITY CHECK OR A CHECK TO THE PAINTER WHO DID NOT
COMPLETE THE WORK DOES - IF THEY PASS IT ON TO A STORE AND RECIEVE
GOODS BUT DON'T SHOW UP TO DO THE WORK AND YOU CANCEL THE CHECK YOU
HAVE NO DEFENCE IF THE STORE CLAIMS THE MONEY- THEN  YOU NEED TO PAY
AND THEN SUE THE PAINTER