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stop payment on personal check

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A

alittleupset

Guest
Ohio
Our friends for 15 years wrote us a check for $1,200.00, we cashed the check. A week to the day our bank calls and tells us that our so called friends stopped payment on the check and that the full amount would be charged to our account. This caused an overdraft of $350.00 to our account and numerous overdraft fees. Our friends continued to act if nothing was wrong.
Our we legally entitled to prior notification? A family member suggested that they could be responsible for the overdraft fee's, is this true? My bank thought that it came back NSF, and then they stopped payment on it, Is this possible?
 


JETX

Senior Member
You have just learned another life lesson.... NEVER spend a deposited check until you are convinced that the check has cleared.

Your questions:
Q1) "Our we legally entitled to prior notification?"
A1) Notification by whom??? There is no legal obligation for the payer to notify of the stop and I am sure the bank notified you when the check was returned.

Q2) "A family member suggested that they could be responsible for the overdraft fee's, is this true?"
A2) It is possible that a court could rule that way, since the fees were 'damages' suffered. But that would require legal action and would require a review of the reason for the payer putting the stop pay. Why did they stop the check??

Q3) "My bank thought that it came back NSF, and then they stopped payment on it, Is this possible?"
A3) Of course it is possible for something to think one reason only to find it was another. For example, you thought the check was good.... and it wasn't.

Why did they stop the check??
What did they say when you contacted them IN WRITING about the check and demanded they make it good??
 
R

resipsa

Guest
you may be able to collect treble damages....(3 times the amount of the bad check up to a certain amount)
 

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