• 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

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



I had a contractor do some work on my house which he never finished so I stopped payment on the check I gave him. In turn he went to a check cashing store and cashed the check. The check cashing store called me and told me that I had to send them the money or they were going to take me to court. I told them I didn't issue the check to them and it was not me but the party that they cashed the check for whom they should contact. I live in New Jersey, can you tell me if I was legally correct in my assumptions.

Thank you


Senior Member
I am not form NJ but in my experience elesewhere, they can go after him and/or take you to court. You would claim that there was a failure of consideration so you had the right to stop payment, and possibly cross claim against the contractor.

This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com


ALawyer: I don't mean to be rude, but what type of lawyer are you? Your conclusion is basically right, but the result is going to be the same in every jurisdiction that has adopted the UCC (all but Louisiana, I think). This is the 'Holder in Due Course' rule. The store is a holder of a negotiable instrument that was properly negotiated. They took for value, in good faith, and w/o notice of problems, therefore, they teake free from personal defenses (failure of consideration), and are subject onyl to real defenses. But, that was good practice for my bar exam in 3 weeks.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential