Stop Payment of Check

[lr1914]

What is the name of your state? GA
I wrote a check to a landscaper for a job and the job was not completed, so I placed a stop payment on the check. And of course I never hear from the landscaper again.

I receive a letter from a local check cashing place stating that they cashed the check for him, and because it had bounced back to them unpaid, that I OWE THEM THE MONEY. To me, that sounds ridiculous. Furthermore, now they are taking me to court because they claim I owe them the money, however, I firmly believe that it is HIS responsibility to pay them back. I placed a stop payment on it because the work was not completed, and I have his signature to the fact that is the work is not completed, he would not be paid. How is it that if I place a stop payment on a check, I am somehow still responible to pay for it? I would REALLY appreciate it if somebody would tell me what I should say to the judge in a case like this. I believe that I am in no way of responsible, but I have no idea what to say to the judge. Rather than just giving the judge opinions, I need to present laws of some kind. THanks for any help you may be able to give.

 

[racer72]

Placing a stop payment on a check is the wrong way to deal the situation you were in and now you are going to pay. Your only real option at this point is to pay the check cashing place then sue the other person for not completing the work.

 

[Veronica1228]

What is the name of your state? GA
I wrote a check to a landscaper for a job and the job was not completed, so I placed a stop payment on the check. And of course I never hear from the landscaper again.

I receive a letter from a local check cashing place stating that they cashed the check for him, and because it had bounced back to them unpaid, that I OWE THEM THE MONEY. To me, that sounds rediculous. Furthermore, now they are taking me to court because they claim I owe them the money, however, I firmly believe that it is HER responibility to pay them back. I placed a stop payment on it because I was deceived. How is it that if I place a stop payment on a check, I am somehow still responible to pay for it? I would REALLY appreciate it if somebody would tell me what I should say to the judge in a case like this. I believe that I am in no way of responsible, but I have no idea what to say to the judge. Rather than just giving the judge opinions, I need to present laws of some kind. THanks for any help you may be able to give.

There are several different aspects to this. This first one is the stop payment. What you did was inappropriate. There are only a few valid reasons for placing a stop payment on a check, and dispute with payee is not one of them. What would have been correct procedure is to not pay them until the job is finished and inspected or to pay them and then take them to civil court if the job was not completed or not completed per the contract.

However, since you did place a stop payment the check cashing place should be going after the landscaper. If they are throwing the term, "Holder in Due Course," at you tell them it does not apply here and that they should go pound sand. The person who should be suing you is the landscaper, not the check cashing place.

 

[lr1914]

thanks for the info, but I do have a question for you.

I spoke with the check cashing company, and the guy told me that they do have all of the information on the person that cashed the check and they have him on computer. He did tell me that I was responsible because of "Holder in Due Course", in which I explained to him, my check was not made out to his business, and it was their fault for cashing a check without verification. I did finnaly speak with the landscaper, and he stated to me via the phone that he did indeed cash the check after the fact that I told him about the stop payment. Any suggestions???

Thanks again..

 

[Veronica1228]

thanks for the info, but I do have a question for you.

I spoke with the check cashing company, and the guy told me that they do have all of the information on the person that cashed the check and they have him on computer. He did tell me that I was responsible because of "Holder in Due Course", in which I explained to him, my check was not made out to his business, and it was their fault for cashing a check without verification. I did finnaly speak with the landscaper, and he stated to me via the phone that he did indeed cash the check after the fact that I told him about the stop payment. Any suggestions???

Thanks again..

You are correct that Holder in Due Course does not apply here because you issued the check to someone else. You are also correct that they should have verified the check prior to accepting it. Did you tell them that the landscaper admitted to you that she cashed the check KNOWING that you had placed a stop payment on it?

I have clients that are check cashing places and they try to pull that Holder in Due Course crap all the time. Even though they have to know by now that it DOES NOT APPLY TO THEM. Tell them they can try to take you to court, but they will not have much of a case. They need to go after the landscaper.