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"Stop Payment" Question

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Rob F

Junior Member
State: NH

My roommate moved out in what I thought was an amicable situation. We'd both agreed to give 3 months notice (or payment) whenever either moved out. As per that agreement (yes, unwritten), she offered to pay ahead and moved out within 2 weeks of notifying me. She was listed on our lease, but we were past our year obligation and had been on a monthly basis.

She called to let me know that she'd left me a check covering her share of 2 months' rent. I hadn't asked for the entire amount at once. I deposited the check the day she left it for me. I'd never had an problem with her paying rent or any of her checks being declined.

After being unable to pay for a doctor's appointment, I found I had $2 in my checking account after my ex-roommate's check amount was deducted. Her check was returned as "Stop Payment". Last night, I called her bank's customer service, and she'd closed her account between the time she wrote the check and when my bank tried to collect it. Today, I went in and talked to an officer at her bank and my own bank. While disgusted with her, the officer at her bank assured me that it was a legal "Stop Payment".

I admit to being furious and feeling victimized by her completely unnecessary malicious act. I know our verbal agreement means nothing legally, and as she is no longer on the lease, I have little to no legal weight there.

However, I have a check written by her when she had no intention of paying it. The abuse of "Stop Payment" seems like a loophole around a check fraud situation. While minimal, I was charged a fee by my bank for the returned check.

Ideally, I want the value of the check she wrote plus my bank fee and the fee for a relative to wire me money so I wouldn't be overdrawn until getting paid next week.

Emotional vindication aside, is this worth pursuing?
 


seniorjudge

Senior Member
What did the person at the prosecutor's office (bad check division) tell you when you showed them the check and explained what happened?
 

erikill

Member
You had a lease no? Take her to small claims show the evidence and present the stop payment check. That's intent to pay even if she changes her mind. You may know where she works so garnish her paycheck. Easy.
 

Rob F

Junior Member
1) I got very little information from her bank's manager. I understand their customer privacy issues. They confirmed her account was closed and said that she had ordered and paid for a "Stop Payment" to be put on the check.

2) She was on my lease. She's off, now. I don't know what date that was effective. I know where she works, but not the address she moved to. As she's not answering phone calls or emails, I plan on a personal letter, then a certified letter both asking to resolve this peaceably. After that, I'm inclined to file in small claims court if I have a reasonable case.
 
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seniorjudge

Senior Member
1) I got very little information from her bank's manager. I understand their customer privacy issues. They confirmed her account was closed and said that she had ordered and paid for a "Stop Payment" to be put on the check.

2) I know where she works, but not the address she moved to. As she's not answering phone calls or emails, I plan on a personal letter, then a certified letter both asking to resolve this peaceably. After that, I'm inclined to file in small claims court if I have a reasonable case.
What did the person at the prosecutor's office (bad check division) tell you when you showed them the check and explained what happened?
 

Rob F

Junior Member
I haven't been to the prosecutor's office, yet. I went to the banks on my lunch break, today, and I'm still at work.

If you think it's worth pursuing, I can try them on Monday. I came to FreeAdvice, then to this forum as a first step in trying to figure out if I have a case.
 

seniorjudge

Senior Member
I haven't been to the prosecutor's office, yet. I went to the banks on my lunch break, today, and I'm still at work.

If you think it's worth pursuing, I can try them on Monday. I came to FreeAdvice, then to this forum as a first step in trying to figure out if I have a case.
Yes, you do have a civil case.

But a stop payment generally (big if) shows intent to defraud and prosecutors love that kind of stuff.
 

Rob F

Junior Member
Alright. Thank you. Really.

I'll figure out who to call and start on Monday. I might be back here for more advice... :)
 

erikill

Member
Alright. Thank you. Really.

I'll figure out who to call and start on Monday. I might be back here for more advice... :)
You don't need to know her new address, you can always serve at work if you had to (it will be really encouraging for her to pay you then). Same with garnishing wages.

As seniorjudge said, and as I've dealt with some deadbeat tenants, I think you have a pretty strong case. I would send her a certified letter today stating that you want to resolve this ASAP without resorting to the legal system.
 

Rob F

Junior Member
So... County Prosecutor, City Prosecutor won't take it, and the Police won't take it.

NH has just started a "Small Claims Mediation" program. Looks like I'm going to have to file in Small Claims (which I was hoping to avoid), and I'll see if I can get the ex-roomie to agree to this mediation service.

Thanks for the advice.
 

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