Stop Payment Check was cashed

[FineTune]

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

I put a stop payment on a check that I wrote to a handyman who did a shoddy job but he went ahead and cashed it at a check-cashing place. The check-cashing people are coming after me so bad for the money. Ideally, I would like to go after the handyman but I do not have an address listed for him. The licence # on his receipt is fake. He disconnected his cellphone.
I do have pictures and voicemails from him apologizing for the sub-standard work he did and promising to fix it so getting him to make it good in court shouldn't be a problem.
The check-cashing place has offered to knock $100 off the check amount but that does not really fix my problem.
Any advice on what I can do to cut my losses will be appreciated.What is the name of your state (only U.S. law)?

 

[racer72]

Pay the check cashing place the money you owe them. You did not have the right to rescind payment for the work that was done, only a judge can do that. If the work was substandard, get estimates to bring it up to your standards then sue the handyman.

 

[Ellerge]

Tell the check cashing place to go pound sand! If you did not pay the handyman, then the handyman's recourse is to take you to court for payment. The check cashing place will have to eat the check. Do NOT pay them - this is their problem - not yours.

 

[justalayman]

Tell the check cashing place to go pound sand! If you did not pay the handyman, then the handyman's recourse is to take you to court for payment. The check cashing place will have to eat the check. Do NOT pay them - this is their problem - not yours.

you might want to research this and then reconsider what you posted. You are incorrect.

 

[fabulous07]

The man who cashed it there probably knew at the time there was a stop payment on the check. You did not do business with the check cashing place, he did. I wouldn't pay them either. I would tell them to find the man who cashed the check. Besides, when you go to a check cashing place, they ask for I.D. and the check cashing place probably has a record of him.

 

[justalayman]

The man who cashed it there probably knew at the time there was a stop payment on the check. You did not do business with the check cashing place, he did. I wouldn't pay them either. I would tell them to find the man who cashed the check. Besides, when you go to a check cashing place, they ask for I.D. and the check cashing place probably has a record of him.

you might want to research this and then reconsider what you posted. You are incorrect.

 

[fabulous07]

what's wrong with what I said? Enlighten me.

 

[justalayman]

OP owes the money to the check cashing place. He really does. I can't see why they check cashing place even offered to knock $100 off the amount owed. That makes no sense to me as the OP owes the check cashing place the full amount of the check.

what happened is;

by the repair guy endorsing the check to the check cashing place, the check cashing place bought the check. Now that it is discovered the check is bad, the check cashing place owns a bad check. That gives them the right to collect it from the person that issued the check (OP).

 

[fabulous07]

You are right Justlayaman and no that didn't hurt, lol. Here's why I agree: (same situation was asked elsewhere (stop payment check cashed at a check cashing place) and here was the response:

In this case, the odds would have to be placed firmly in favor of the check casher, who had no duty to contact you before cashing the check, and who had no knowledge of your dispute with the payee. While your bank is correct that your stop payment is effective and the bank can't pay the check, the check casher has rights under the Uniform Commercial Code to enforce the check directly against you.

Your dispute is with the payee of the check. Check with legal counsel to see whether it's wise to try to take care of the check casher's claim and get the court case dismissed.

 

[Antigone*]

what's wrong with what I said? Enlighten me.

Enlighten yourself:

§ 3-302. HOLDER IN DUE COURSE

Here is an explanation:

holder in due course -- any subsequent owner of a negotiable instrument such as a check, note or other document. The holder must have accepted possession of the financial instrument in good faith and given something of value for it. The holder is presumed to be unaware that the financial instrument previously may have been overdue, been dishonored when presented for payment, or had a claim against it, if in fact such were the case. For example, someone who accepts a third party check or NOW draft is a holder in due course, as are all subsequent holders of the instrument. Likewise, the holder of a note or loan agreement concluded by two other parties (the original consumer and the seller who first extended credit) is also a holder in due course. Until 1976, the Uniform Commercial Code held that a holder in due course was not liable for any prior claims made against the instrument held. However, in 1976, the Federal Trade Commission ruled that holders in due course could be liable in some cases. For example, if the original customer stops making loan payments because the merchandise purchased on credit is faulty, and the original seller refuses to honor the terms of the guarantee, all subsequent holders of the note may be subject to claims against the seller. While claims may be made against holders of a note, innocent holders of a check or NOW draft generally have the right to collect the face amount from the payer or drawer, regardless or prior claims.

Fab and Ellerge...consider yourselves enlightened

 

[You Are Guilty]

The check cashing place is not automatically an HDC - there are still those pesky requirements before they receive protection. (Odds are they can meet them here, but it would be remiss not to at least mention the possibility).

 

[FineTune]

Issue #2

Many thanks to everyone for contributing. Going by the advice offered here, it looks like I will have to pay the check cashing people, which brings me to my second dilemma; how do I sue someone if I do not have their address? The check cashing place has the handyman's address but because this is considered private information, they are unable to share it with me.
I need to take care of this issue so I can get some sleep at night. Shady handymen, shady handymen! And I thought having a licence # counted for something! Lesson learned!

 

[justalayman]

; how do I sue someone if I do not have their address?

that's what makes this kind of thing so much fun.

The check cashing place has the handyman's address but because this is considered private information, they are unable to share it with me

No, they are not "unable". They are unwilling. There is no code of secrecy that prevents them from providing you with the address. If they continue to refuse, you will need to seek the courts assistance in shaking it loose. It sounds like you may want to engage an attorney for this fight if it gets to that.

I need to take care of this issue so I can get some sleep at night. Shady handymen, shady handymen! And I thought having a licence # counted for something! Lesson learned!

well, if he is licensed, he has to have a current address registered with the state. Even if it is not current, I believe you could serve the summons to that address and since it is required to be current, that may be considered legal service and if he fails to show, you get a default judgement.

You might want to speak with a local attorney familiar with the specific rules of service and the possibility of considering the address registered with the state for the license to be a dependable address.

 

[HappyWanderer]

I'm not sure and I didn't look it up before posting this, but I think money service businesses can't turn over personal financial information to third parties in general and certainly can't violate their privacy policies which Garmain-St.Germain requires them to inform their customers of.

They may not be able to turn over the info without a court order.

-----
I just spent a moment looking things up and the Right to Financial Privacy Act may cover the check cashing place and I certainly misspelled the act which requires companies to notify their customers of their privacy practices.

 

[justalayman]

it is not personal financial information that is sought. It is an address. They OP already has the financial information.

and it is GARN-ST GERMAIN DEPOSITORY INSTITUTIONS ACT OF 1982

and without researching it, I am not sure a check cashing place falls under the control of an act to control depository institutions.