I've rescinded a contract under Civil Code § 1688 et seq. Notice was sent, grounds were provided, tender was offered. When no response to the notice was received a few months later I tendered an amount sufficient to place both parties in status quo ante. The mode of tender was unconditional and appropriate in a cashier's check. Some months later the tender was refused and returned. I'd now like to deposit the amount in the name of the creditor as set forth in Civil Code §1500 but unclear as to how to place funds in an account in a company's name. The code didn't provide any instructions. Does anyone know how this is done?
It sounds like you are treating the cashier's check as unclaimed property. (C.C. section 1500 is known as the "Unclaimed Property Law"). Keep in mind I don't have all the facts, but if the company refused it and the check goes un-cashed the bank will turn the funds over to the California State Controller's office after three years. Right now, I would contact the issuing bank and ask management about their policies under these circumstances. They may tell you to do nothing further.
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