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Cheques

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You need to know all your rights and responsibilities in relation to cheques.

You should visit our specific related topics in the boxes at the top and the bottom of this page.

We provide you with direct access to the relevant Act of Parliament called the Cheques Act 1960.  Just click on below.  

We also provide you with a direct link to the Government legislation site where you can look up ALL Acts of Parliament and Regulations and Rules. An Act is also known as a Statute. A Regulation is also sometimes known as a Rule. This Government legislation site is still going through some teething problems. But you will be able to access all legislation and find specific Acts and Rules and individual sections.

Statutes
Statutory Regulations
Local & Private Acts

The law about "crossing" cheques changed in 1996. 

To protect your cheques from being cashed by someone other than the person the cheque is made out to read on . . . .

'Not transferable' and 'account payee only'

Crossing a cheque with 'not transferable', 'account payee' or 'a/c payee' means that the cheque cannot be used by someone else. A cheque marked as 'account payee' can only be paid into the bank account in the same name of the person it is made out to.

Some people write 'only' after a/c payee. This makes it clearer to the person receiving the cheque but it is not necessary to add only.

This will help reduce cheque fraud, as anyone using the cheque can only put it into the account named on the cheque. But because only the person named on the cheque can bank it, it is very important that the name is correct.

Not negotiable cheques

This is not the same as 'non-transferable'. A cheque marked 'not or non- negotiable' can be transferred to someone other than the person it is made out to. But it still has to be paid into a bank account.

Do not accept a 'not transferable' or 'account payee' cheque if it has been transferred to you. Only accept it if it has been made out to you in the first place. Make sure your name is writ

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I have been unable to acquire any case law in regards to bankruptcy. I am thge alleged defendant in the matter and have opposed the application for bankruptcy as I am not the defendant. The case is now at the stage of the high court requiring a synopsis under 251a, I wish to make submissions in not being notified of the hearing at the district court after the notice of proceeding was served. The matter then got judgement without my knowledge and is now before the high court for bankruptcy. Please advise the procedure to locate any supportive case law that may assist with my application to set aside the bankrupcy claim.

Kindest Regards
A.Marsh
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"You will certainly get a rehearing if you were not notified but, if you simply misread the documents you were originally served with then you could be in trouble. You must actively follow up on your obligation to file and serve a defence and not just wait for the Court to come to you. Good luck . . . Netlaw "
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"Received notice from a creditors lawyer that they wish to put in companiy into liquidation and I have up to today upon receiving their letter. A Statory Demand was intially sent on 7 Aril 2008, which I reponded with a reply explaining that an arrangement (verbal) had been entered in by both parties which was to continue supply, once company got post dated cheques, company stopped surpply and but still continued to present cheques which was not the agreement which was entred into.
What position does that leave me if I want to legal challenge this. Without causing me excessive expresses.

Rina

Netlaw responds: If you say that they cannot properly sue because there was a new agreement for time payment, then you can apply for an injunction saying that the Statutory Demand Notice is wrong. But it will cost you. An injunction should not be done without legal advice. Type up a Statement setting out precisiely all the facts as you know them and see a lawyer as soon as possible. A letter shouid be sent to the other side saying how inappropriate the Demand procedure is when the subsequent agreement between the parties was made and kept by you. But you must get your facts right!"

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