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Old 08-02-2005, 01:55 AM
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Join Date: Aug 2005
Posts: 1

laws on stopping payment on checks in texas


What is the name of your state? Texas
My husband, Jordan, had been going to a back specialist doctor on and off for about a year. Every time the Dr. wanted to do a MRI or it was time for my Jordan to have another injection ( WHICH THE INJECTIONS WERE NOT HELPING) he would always have to post date the Dr. 3 or 4 checks before they would do the procedure. Well about 2 months ago (by this time Jordan was feed up with the Dr.) they wanted to do another MRI, so they got there post dated checks, and wanted to do another injecton. Jordan told the Doc what he thought about him and the injectons, Jordan gets a letter from the doctor stating that his (Dr.) office would not be able to see him as patient any longer, so we stopped payment on checks Jordan had post dated. Well we get a letter from VeriChek stating our bank had returned our check to them and for us to replace the return check that we had to send in the amount of check plus collection fee.
My questions are:
did we have the right to stop payment?
if not
why do banks offer a stop payment system?
if so
why did our bank turn our check over to an Check Recovery business?
  #2  
Old 08-02-2005, 07:43 AM
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Join Date: Jul 2002
Location: Tennessee
Posts: 3,088
No, that was not a valid reason to stop payment on the check. It was in payment for services already rendered. Your bank didn't turn the check over for collections, the Dr's office did. They can continue to try and collect on the check. However I know here (can't speak for your state) if you can prove they knew the check wasn't good at time of writing, ie-post dated check, then courts will dismiss the warrant. So you may not be looking at criminal charges, but civilly you do still owe it.
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