Someone took a number of mezuzas from a Gemach around 6 years ago. He gave them a check for a certain amount as a pikadon. As well there was a shtar stating what he had taken. It was written on the shtar that as long as the shtar is still by the gemach they would be able to get the money for the mezuzos if they weren’t brought back. Now (6 years later) the gemach contacted the person saying the shtar is still by them however they no longer have the check. They are asking for the money, does the person have pay them?
Answer:
The Gemach can certainly claim payment for the mezuzos, of course on condition that the check was not cashed.
The fact that a check is given as a guarantee does not alter the fact that the person is obligated to pay for the mezuzos, and he certainly has to pay for the mezuzos if he’s not planning on giving them back.
Best wishes.
