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Stopped payment on cashiers check, am i liable?

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sam_iam

Junior Member
What is the name of your state (only U.S. law)? WI
My daughter recently came back into my life because she needed help. Me being a typical mother agreed to help her. She was homeless and needed a place to live from breaking up with her boyfriend. I told her to find a place and I would pay the security and first months rent. She kept asking for cash and I refused due to gaining my trust back with her. She told me she found a place, so I took her to the bank and had them issue a cashiers check with the landlords name (she supposedly found on craigslist) and put security deposit and first months rent in the memo on the check(bank printed it out). Couple of days went by and she still didn't move into her knew place, so i asked her why? She said the guy isn't returning her call. So later the same day my other daughter overheard her talking to others saying that she should just sign it and cash it. So I confronted her on it later that day and she admitted to it, but when I asked her for the check back she said it was lost or stolen. So I told her I was going to stop payment on the check and I did. I paid the stop payment fee and the bank said the check was not in the system so they stopped payment and gave me my money back. A couple days later the bank called and said it cleared, and they did not know how that slipped through there system and they were looking into it. Now I just got a call from the so called landlord, to find out that he was my daughters boyfriends ex-coworker/friend, was not a landlord and he cashed the check for them after they consistently taunted him to cash it. So my guess is that my daughter was with her boyfriend all along and this was a big set up to steal money from mom. So the thing I wan't to know is "am I liable"? Also after the so called landlord called, I get a call from the police saying they were looking into fraud charges and I told him everything. So I'm not sure what happens next?
 


Mass_Shyster

Senior Member
You wrote a check to John Doe, and John Doe cashed the check.

You owe the bank the amount of the check, but you may be able to recover the stop payment fee, since that failed.

You're recourse is to sue your daughter.
 

sam_iam

Junior Member
I'm not sure if this helps any but my ex mother in law signed the back of it and it was not issued to her. I'm assuming they tried to cash it without john doe?
 

Zigner

Senior Member, Non-Attorney
Hahaha good luck with that!
I agree with your sentiment. But you quoted out of context ;)

OP wasn't told to sue her daughter. OP was told that her recourse was to sue her daughter. The choice about suing is left up to the OP.
 

Zigner

Senior Member, Non-Attorney
I'm not sure if this helps any but my ex mother in law signed the back of it and it was not issued to her. I'm assuming they tried to cash it without john doe?
Irrelevant - ex MIL *didn't* cash it, John Doe did.
 

Mass_Shyster

Senior Member
I'm not sure if this helps any but my ex mother in law signed the back of it and it was not issued to her. I'm assuming they tried to cash it without john doe?
If John Doe signed endorsed the check, it became a bearer instrument, and MIL can now cash it. If John Doe did not endorse the check, it has been forged, and you should not be held liable.

So, Did John Doe cash the check, or not?
 

sam_iam

Junior Member
I believe he did after it was signed by MIL, I'm guessing that's why the police contacted me last night and he said john doe had this kind of activity before.
 

sam_iam

Junior Member
& Yes suing my daughter is out of the question, I care about my grandson too much. But lesson learned, tough love.
 

tranquility

Senior Member
When I read a thread and don't really understand what is happening, I try to avoid it. Besides, I never had any class or cases on section 3 of the UCC. I'd be reading it just the same as anyone else.
 

OHRoadwarrior

Senior Member
Then why are you here crying about it? Were you wanting to put mom in jail and take the child? Learn your lesson and never give her money or shelter again.

& Yes suing my daughter is out of the question, I care about my grandson too much. But lesson learned, tough love.
 
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sam_iam

Junior Member
No crying here, just looking for some professional opinions regarding something I've never dealt with before. ^Stevef, talked to my bank they returned the check, bank & I not liable. Although John Does' bank is investigating fraud, found there were 3 signatures. MIL, Jane Doe and then John Doe. Its not the money aspect here, its the shenanigans they went through to retrieve the money. Thanks again everyone for the intel, it was very informative!!
 

Zigner

Senior Member, Non-Attorney
No crying here, just looking for some professional opinions regarding something I've never dealt with before. ^Stevef, talked to my bank they returned the check, bank & I not liable. Although John Does' bank is investigating fraud, found there were 3 signatures. MIL, Jane Doe and then John Doe. Its not the money aspect here, its the shenanigans they went through to retrieve the money. Thanks again everyone for the intel, it was very informative!!
The signatures mean nothing - don't fret over them.

When my son receives a check and asks me to cash it for him, there will be his signature AND mine on it. He endorses it for me and I endorse it for the bank.
 

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