Stop Payment on a check

[TNC44]

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

On May 18, 2013 I was given a check for $350 that was to pay for 1/2 of a vacation (and is so noted on the memo of the check). The check was signed on May 18, but dated for June 1. I waited until after June 1 and cashed the check. I received a message from the bank stating there was a stop payment placed on the check. I was not given any notification from the other party that there was a stop payment on the check or stating why there was a stop payment on the check. I have tried contacting the other party to discover the reason but with no response. Does this fall under the Good Faith Dispute? Or can I take the other party to court for the cost of the check plus damages, which I calculated to be $1400?

Just a note: The payment was for a vacation that had already taken place. Not payment for a future vacation.

 

[swalsh411]

How do you figure you have over $1000 in damages from a $350 check?

 

[tranquility]

Because the other party did not receive goods or services for the check, the statutory protections would not apply.

Why don't you tell us what happened? I suspect this will be a contractual (or no) dispute. At this time, I don't see how you have any damages.

 

[TNC44]

Because the other party did not receive goods or services for the check, the statutory protections would not apply.

Why don't you tell us what happened? I suspect this will be a contractual (or no) dispute. At this time, I don't see how you have any damages.

When we returned from a weekend trip to San Diego, I was given a check to pay for half of the trip expenses. The check itself states on the memo "1/2 of San Diego Trip". I had to wait a couple of weeks to deposit the check because it had a future date. During this time, she put a stop payment on the check. After I deposited the check, my bank sent me the original check with the stop payment request. The other party made no attempt to tell me that they were placing a stop payment on it nor why she did. Do I have any legal options to seek the $350?

 

[tranquility]

This changes things a bit. What was the reason why the check was given? What was said? Was there an agreement before the trip?

If a valid agreement, you might be able to ask for three times the amount of the check for "services" paid for. Again, what happened? What was the agreement?

 

[TNC44]

This changes things a bit. What was the reason why the check was given? What was said? Was there an agreement before the trip?

If a valid agreement, you might be able to ask for three times the amount of the check for "services" paid for. Again, what happened? What was the agreement?

She actually stated that the check was to pay for half of the trip and wrote "1/2 of San Diego Trip" on the check itself in the memo area. There was only a verbal agreement before we left, nothing written that can prove the agreement.

Shouldn't the fact she wrote on the check itself that it was for 1/2 of the costs be agreement enough? It seems strange to me that you can legally give somebody a check and without justification, put a stop payment on it without telling you so. Accountability....

 

[tranquility]

Contracts are more complex than a person paying for things. It seems the payment is after the trip. You need some agreement BEFORE the trip to make it enforceable. There is no "agreement" or contract if someone is willing to pay for 1/2 after a trip. That might very well be considered a gift.

Again, what happened?

 

[TNC44]

Contracts are more complex than a person paying for things. It seems the payment is after the trip. You need some agreement BEFORE the trip to make it enforceable. There is no "agreement" or contract if someone is willing to pay for 1/2 after a trip. That might very well be considered a gift.

Again, what happened?

We chose to plan a trip to San Diego for our birthdays, as they are a week apart. BEFORE booking the trip there was a VERBAL agreement that she would pay half of all expenses once we returned and knew the whole dollar amount spent. When we returned she wrote me a check for her half but dated it 31 May so I couldn't deposit it before her next pay check was received. Between that time we quit speaking and I asked her to move out. After I deposited the check I received the stop payment notice from the bank. The actual check states on the MEMO "1/2 of San Diego Trip." She has since told me that she put the stop payment on the check because I asked her to move out. I think it was because she didnt have sufficient funds for the check to clear but can't prove that. I plan to send a formal request to regain the money within 30 days.

This is everything that happened. You are saying there is nothing I can do to legally collect from her? Even if she had insufficient funds as the reasoning for the stop payment?

 

[swalsh411]

You can sue her in small claims Court claiming whatever damages you want. Getting anything over $350 will not be easy considering you have nothing in writing and do not appear to have the neccessary elements of a contract. Now collecting on a judgement will be an entirely different matter. At some point you are going to ask yourself how much time and frustration you are willing to go through for $350.

I hope you have learned a valuable lesson about not paying for other people's vacations that they can't afford.

 

[tranquility]

There might be a contract, although it would be difficult to prove.

If you think you can prove up a verbal agreement to split the costs of the vacation, all you have to worry about is collecting. (Which seems difficult on the facts you've given.) If you think it hard to prove up your verbal agreement, along with the difficulty of collecting, I'd rethink about a lawsuit. It is not really going to make you happy.

You might try to make a demand as described in California Civil Code section 1719 (http://law.onecle.com/california/civil/1719.html) to see if that springs something loose. But, it is still a bit uncertain in my mind as to if the ex got goods or services in return for the check.