Stopping payment on a check is usually possible anytime before the check has been cashed. Once the check has been cashed by the recipient, you won’t be able to make a stop payment with the bank. In order to stop payment on a check, you should take the following steps:
If necessary, you may wish to inform the recipient of the check that you have put a stop on the payment. If needed, you may consider an alternate form of payment. Some banks charge a fee for stopping payments on a check.
If you have been issued a check, and payment was stopped on it, you may be able to sue for damages. You will need to file with the court, and will need to provide evidence regarding the check and your losses. You can usually sue for the amount on the check, plus damages. You should be careful whenever you need to stop payment on your own check, as these types of legal penalties can be applied to you as well.
A postdated check is one that can only be cashed after a certain date has passed, which is indicated on the check. This can help the issuer of the check avoid financial problems like bounced checks and insufficient funds. For instance, the person may post-date the check to a date after their next pay day. It’s usually customary to inform the recipient of such as check that it has been post-dated.
Another legal issue related to check stop payments is that of breach of contract. For instance, the contract may require the person to issue payment for a product or services on a certain date. If they make the payment with a check, but put a stop on the payment, they might cause a breach of contract situation. Another legal issue to look out for is that of fraud and forgery on a check.
Stopping payment on a check may be necessary at times, but there can also be consequences when doing so. You may need to hire a lawyer if you're facing legal issues due to a stopped check payment. Your bankruptcy attorney can help you file a claim if necessary and can represent you during trial.
Last Modified: 03-11-2018 06:40 PM PDTLaw Library Disclaimer
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