Check sent to wrong person

[backup63]

What is the name of your state (only U.S. law)? Minnesota

I am asking this question on my Brother's behalf. My brother bought a pair of tickets to a Minnesota Twins game from a friend of his. He sent a check to his friend as payment. However, when he sent the check the first time, he accidentally sent it to a different person who has the same name as his friend. He realized his mistake and cancelled the check. The person, who he accidentally sent the first check to, cashed the check, which later didn't clear because it was cancelled. The $60 amount of the check and a $7 fine were placed on the persons account. He is now threatening to take my brother to small claims court to recoup the $60 that was never intended for him, and the $7 that was assessed to him for cashing an invalid check. Does my brother have anything to worry about in this case?

Thanks for your time,

Dan

 

[Proserpina]

What is the name of your state (only U.S. law)? Minnesota

I am asking this question on my Brother's behalf. My brother bought a pair of tickets to a Minnesota Twins game from a friend of his. He sent a check to his friend as payment. However, when he sent the check the first time, he accidentally sent it to a different person who has the same name as his friend. He realized his mistake and cancelled the check. The person, who he accidentally sent the first check to, cashed the check, which later didn't clear because it was cancelled. The $60 amount of the check and a $7 fine were placed on the persons account. He is now threatening to take my brother to small claims court to recoup the $60 that was never intended for him, and the $7 that was assessed to him for cashing an invalid check. Does my brother have anything to worry about in this case?

Thanks for your time,

Dan

How did he accidentally send it to someone else?

Did two people with the same name live at the same address?

 

[backup63]

No, he looked up his friends name in the phonebook and sent it to another person with the same spelling, who lives at a different address.

 

[justalayman]

as long as he didn't owe that other person money, your brother should be fine. He surely wouldn't be required to pay the $60 that was not intended for the guy and more than likely not the $7 fee either.

What is the guys argument to try to claim to the $60? If it was a mistake it was a mistake.

 

[backup63]

His claim was, I don't know who you are, but you sent me a check and I cashed it and now they are taking the money back from me, so you owe me the money.

 

[justalayman]

His claim was, I don't know who you are, but you sent me a check and I cashed it and now they are taking the money back from me, so you owe me the money.

gee, I hope he never gets a check from the bad check scammers from England or Nigeria.

your brother should be fine.

Now mind you, there is nothing stopping this guy from actually suing your brother but your brother should prevail.

 

[Proserpina]

Politely backing out of this one.

 

[justalayman]

Politely backing out of this one.

why? Do you have a contrasting opinion? You know I won't be mad at you if you prove me wrong.

 

[Proserpina]

why? Do you have a contrasting opinion? You know I won't be mad at you if you prove me wrong.

Awww I can't prove a goshdarned thing...

but this:

No, he looked up his friends name in the phonebook and sent it to another person with the same spelling, who lives at a different address.

gets my hunches going and my brain thinking "oh...scam....".

And not necessarily on the part of the recipient.

KWIM?

 

[justalayman]

it seems odd to me that a person would not even know what street a friend lives on but I am a trusting soul.

BRB, I have to go wire some money to the Prince Etate in Nigeria. He's holding over $1M for me. I don't know who I was related to in Nigeria but hey, they wouldn't lie to me would they?

 

[Proserpina]

it seems odd to me that a person would not even know what street a friend lives on but I am a trusting soul.

BRB, I have to go wire some money to the Prince Etate in Nigeria. He's holding over $1M for me. I don't know who I was related to in Nigeria but hey, they wouldn't lie to me would they?

Me heart you LOL

Excellent response

 

[backup63]

I suppose calling this person a "friend" of my brothers might be too strong of a term. In reality, a large group of people, including my brother bought into these season tickets. The ticket holder is probably best described as a mutual aquaintance. What gets me is that he actually wrote in the memo line of the check Twins vs. Cards, since it was a Twin-Cardinals Baseball game he was buying them for. The guy said he couldn't read the memo line. My brothers response, "Well you didn't seem to have trouble reading the $60 dollar part."

 

[proud_parent]

I suppose calling this person a "friend" of my brothers might be too strong of a term. In reality, a large group of people, including my brother bought into these season tickets. The ticket holder is probably best described as a mutual aquaintance. What gets me is that he actually wrote in the memo line of the check Twins vs. Cards, since it was a Twin-Cardinals Baseball game he was buying them for. The guy said he couldn't read the memo line. My brothers response, "Well you didn't seem to have trouble reading the $60 dollar part."

Betcha the dude who cashed the check is a White Sox or Cubs fan.

 

[backup63]

Must be. I'm pretty sure that my brother doesn't have anything to worry about, but I wanted to check into it a bit more. Thanks everyone for the responses.