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  #1  
Old 05-26-2000, 04:10 PM
miCHELLEinKY
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I was HANDED a child support payment by my husband in the form of a personal check on Dec. 20 1997. Only to find out the hard way that he had put a "stop payment" order on it. (thankfully I had cashed it at the grocery store that I was asst. mgr. instead of depositing) Since then he has filed chapter 7, then our divorce became final. My question is can I take him to court to recover payment and damages of the bad check? I live in Ky. and he is in Tx. where he is active military. The check amount was $302.65. (I still have the original check)
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Old 05-26-2000, 05:00 PM
lawrat
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I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney client relationship.

well, umm, i know most checks have an expiration term, but I don't think that this applies here. I am a bit confused. You cashed it or didn't? You said you did cash it-- so that would mean you got the money. If that is the case, then let the store worry about recovering their money. Or did you have to give the money back because of the stop payment? If you did not get any money from that check at all, then I suggest that the statute of limitations has run out -- usually you have one year to sue.

i suggest reading the statute of limitations sections and child support sections at freeadvice.com's home page.

hope this helps.
  #3  
Old 05-26-2000, 05:39 PM
PapaSmurf
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Is the date a misprint? That's quite some time.
  #4  
Old 05-28-2000, 09:22 AM
miCHELLEinKY
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Since the check had a stop payment on it, it bounced. And since I was the one that cashed a 2 party check, I was also the one who had to BUY it back. The date is correct, but I have 5 years to make colection in Kentucky.
 



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