The check should not have been cashed. Banks do not have to honor a 'stale' check and a check becomes 'stale' 6 months after it is written. I'm guessing the Walmart employee who took the check didn't know that and cashed it at the store but the bank used by the store refused to honor it.
While the original payee (your employee) might have some claim against you (but I doubt that based upon the amount of time that has passed) someone who took a check that is that old is not on very good legal ground. The problem is that the collection agency may report it and that will be hard to get off your credit. You might do well to have an attorney write them a letter so that they decide to not report it against you. Good luck.
This answer does not create and attorney-client relationship. You can only create that relationship by meeting with Mr. Holt and signing a retainer agreement.
I think Mr. Holt's idea of having counsel send a letter is spot on! You are going to want to have someone with some persuasive capabilities to intimate Walmart's liability to Walmart and any credit reporting agency. One such way is to have the attorney allege damage due to improper credit reporting that resulted in a diminishing of your credit score (which we all know has people wind up paying more than if their score was not diminished). Just adding on to the nice answer Mr. Holt provided above.
Hope this is helpful. Peace and wellness, Mike Troncellito
This is not legal advice and no attorney client relationship is created by any information provided here.
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