• 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 on check

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

Cindyrene73

Junior Member
What is the name of your state (only U.S. law)? Texas ok so a so called friend asked me to cash a check for his friend because he didn't have an I'd so i deposited it in my account waited to days for it to clear went to bank the teller said it had cleared so i withdrew 1600.00 and gave man his money then tried to pay a bill with debit card and my account is 1300.00 overdrawn he put a stop payment on the check!!!!! What can I do if anything?
 


FlyingRon

Senior Member
First, understand it is practically IMPOSSIBLE for a depositor to tell when the check has cleared (which you now know too well).

First, you should report the incident to the police. Writing bad checks are covered by a couple of crimes (depending on what the intent was).
Second, you can sue the person who gave you the check in small claims.

Neither of these people are "friends" of yours.
 

HRZ

Senior Member
YOu got scammed ...a stop payment is not necessarily a bad check...but for now assume it is and follow the rules on same also consider it a be a theft by deception and a conspiracy ..call police..be sure to identify both "friends."

My local rules require. Making a written demand to make it good first ..I don't know your state rules...you look.
FAilure to make it good is a big point in separating it from a mere whoops ..w or wo a stop ...but a stop is sure a major factor to,show intent not to honor it.

make sure your friend is clearly named as well as to conspiracy....he may have incentive to leverage a cure!!
 

adjusterjack

Senior Member
In addition to the police, you'll need to file a fraud report with your bank. Make sure you use the EXACT procedure specified in your account agreement.
 

HRZ

Senior Member
The steps to demand payment on a check are also found in Texas Penal Code 31.06 ...follow them to a T
 

Find the Right Lawyer for Your Legal Issue!

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