• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Stop Payment Check - "Holder in due Course"

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

bretson

Guest
What is the name of your state? California

I wrote personal checks to an individual and his helpers for doing landscape work at my home. One of these helpers took his check before doing the work he was supposed to do. At the head landscaper's request, I put a stop payment on the check. 6 months later, I received a letter, and now a summons for small claims court, from a check cashing company. The company is suing me for 3 times the amount of the check plus fees, totalling around $1000, saying that I'm liable regardless of the stop payment as they acted as a "Holder in Due Course".

I have a letter from Wells Fargo stating the stop payment was in effect on July 3rd...the company cashed the check on July 5th...I don't know if those dates have any significance.

If this goes to court...will I lose?
 
Last edited:



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top