NY Law on stop payment checks

NY State

I have a Auto Performance buisness in NC. Took a check from a customer in NY that drove his car home after repairs were done. He stopped payment on the check the day he got home and refuses to talk to me as to why. what is the law in NY. I am now taking him to small claimes but would like to know what the law sais about it and what if he never had the funds in the account at the time he wrote the check he stopped payment on


Contacted Customer by phone and email wont talk to me. Warrned me to still trying to contact him

Hi Turbo...I'm Bay from the other site...

This is a great place to have your question answered...I will let one of the experts in this field answer you...Good luck!!

Bay may be overestimating the experts in this instance because, until a NY expert comes along, I have to suggest that you consult your local DA. I’m not NY. I dug through your statutes and haven’t found the exact language that you’re looking for. I don’t know whether it does or doesn’t exist, but I’m reasonably confident that the concept that you need does exist.

Here’s the deal. Bad checks are a “per se” civil and criminal violation.
Here is a civil statute at NYSCL 11-104:
http://caselaw.lp.findlaw.com/nycodes/c49/a31.html
And the criminal statute, concerning knowingly issuing a check unsupported by good funds is here:
http://law.onecle.com/new-york/penal/PEN0190.10_190.10.html

“Stop pay” orders have generally been considered an exception to “bad check rules”. They were and are thought to reflect a valid dispute between payor and payee (or a matter of identity theft). They also came to be recognized as a potential loophole in the civil statutes. My own state, which happens to be national “bad check central”, recognized this and added a special provision to the civil statute similar to your own. It provides for a written notice similar to yours. If a valid dispute is not asserted within 30 days, the presumption of a valid dispute is rebutted, and the “stop payment” check is treated like any other bounced check. Your statute doesn’t have similar language, and I haven’t found any other closing that loophole, but I’m inclined to believe that it has been closed. That’s the reason for the suggestion to confirm with your local DA, if someone else doesn’t direct you to it.

It has been 15 days now and he still will not return my calls or emails to let me know why he stopped payment on the check

I am now trying to contact his bank to find out if the funds were there at the time he wrote the check , The funds are not in his account at this time

Would it be important in the case if there were not enough funds in there at the time the check was wrote and or stopped payment on? (ANSWERED IN THE LINKS YOU POSTED ) Now what if the funds were there and he just stopped payment on it ? Seems to me if there was something wrong with my work he would be returning my emails and or phone calls?

Does not seem to be much in those statutes about "stop payment checks"

Should I of waited the 30 days to take him to small claimes court? Should I go ahead and send the 30 demand letter even tho it does not cover stopped payment checks?

Tom

Does not seem to be much in those statutes about "stop payment checks"

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I found nothing. That's what I was trying to explain. It doesn't mean nothing exists or that courts haven't analogized. Therefore:

Should I go ahead and send the 30 demand letter even tho it does not cover stopped payment checks?

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I can only say that I would, if I were in your position. You're gambling the cost of a letter that's CRRR vs. the ability to collect an additional 2X face value up to $750. But if the hearing is in less than the statutory time for a response, it's not going to matter. Only you know what times are involved.