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Paid for Service Work and Reimbursement Check was Stopped

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redleg133

Junior Member
What is the name of your state (only U.S. law)? Wisconsin

I paid for some maintenance work on my ex-girlfriends car because I believed she would pay me back (dumb, i know). And she did pay me back with a check a month later. However, when I went to cash the check the bank returned it as a stop payment. Would I have a chance of getting this money back in small claims court? I don't know why she stopped payment. I'm sure it was out of anger/spite. When I moved my things out she didn't want to be present and didn't separate her things so I took everything I had ever paid for. She got angry and claimed things were hers even though I had receipts for them. I have texts from her giving me permission to pick up my things when she wasn't there. And since she wasn't there I was left to my best judgement and there were some small things (like a bath towel) that I thought were mine but when she got angry later I realized she was right. It was just a few small things and I offered to return them but I have more texts from her telling me that she doesn't care and she doesn't want them back. Would this even be a relevant/valid defense for her if I did go to small claims court? I would think all of that would be irrelevent but it's the only reason that she may possibly have for stopping payment. I have receipts for the payment that was made with my debit card, the check that she wrote me, and the stop payment/returned notice from my bank.What is the name of your state (only U.S. law)?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? Wisconsin

I paid for some maintenance work on my ex-girlfriends car because I believed she would pay me back (dumb, i know). And she did pay me back with a check a month later. However, when I went to cash the check the bank returned it as a stop payment. Would I have a chance of getting this money back in small claims court? I don't know why she stopped payment. I'm sure it was out of anger/spite. When I moved my things out she didn't want to be present and didn't separate her things so I took everything I had ever paid for. She got angry and claimed things were hers even though I had receipts for them. I have texts from her giving me permission to pick up my things when she wasn't there. And since she wasn't there I was left to my best judgement and there were some small things (like a bath towel) that I thought were mine but when she got angry later I realized she was right. It was just a few small things and I offered to return them but I have more texts from her telling me that she doesn't care and she doesn't want them back. Would this even be a relevant/valid defense for her if I did go to small claims court? I would think all of that would be irrelevent but it's the only reason that she may possibly have for stopping payment. I have receipts for the payment that was made with my debit card, the check that she wrote me, and the stop payment/returned notice from my bank.What is the name of your state (only U.S. law)?
Since she wrote you a check, then stoped it, thats all the evidence you need that she was borrowing the money from you.

Small claims it is.
 

swalsh411

Senior Member
My advice would be to tell her she has 48 hours to pay you or else you will report the illegal check fraud to the police. What she did was a crime and people go to jail for it.
 

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