Comments on: Can a stop payment on a check cause me trouble? http://www.paycheckloancenter.com/2009/01/can-a-stop-payment-on-a-check-cause-me-trouble/ Everything you want to know about Payday Loans and Cash Advances Wed, 08 Sep 2010 08:42:53 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Paul M http://www.paycheckloancenter.com/2009/01/can-a-stop-payment-on-a-check-cause-me-trouble/comment-page-1/#comment-327 Paul M Wed, 21 Jan 2009 08:17:50 +0000 http://www.paycheckloancenter.com/2009/01/can-a-stop-payment-on-a-check-cause-me-trouble/#comment-327 He has no case in a small claims court. Banks say it is the responsibility of the depositor to know who has given them a check and whether the check is good. It is also the responsibility of the bank account holder to ensure that there are available funds to cover any check that person might have written. You appear to have behaved properly in canceling a verbal contract. The only cost that you will be liable for will be your bank's fee for stopping the check, which could be $15-25. He has no case in a small claims court. Banks say it is the responsibility of the depositor to know who has given them a check and whether the check is good. It is also the responsibility of the bank account holder to ensure that there are available funds to cover any check that person might have written. You appear to have behaved properly in canceling a verbal contract. The only cost that you will be liable for will be your bank’s fee for stopping the check, which could be $15-25.

]]> By: Serge M http://www.paycheckloancenter.com/2009/01/can-a-stop-payment-on-a-check-cause-me-trouble/comment-page-1/#comment-326 Serge M Mon, 19 Jan 2009 04:48:16 +0000 http://www.paycheckloancenter.com/2009/01/can-a-stop-payment-on-a-check-cause-me-trouble/#comment-326 You acted properly by notifying him of the stop payment. He can take you to court but he will lose the case. You are not responsible for his overdraft. He is responsible for ensuring that checks he writes have sufficient funds available. Evidently he deposited your check and immediately wrote checks to others, counting on your check to cover the amounts. When the bank received notice of the stop payment order, his account had already been drawn down and the bank recorded an overdraft. Since you notified him of the stop payment, it was his responsibility to ensure that the checks he wrote would be covered. You are not obligated to pay his overdraft. Since there has been no service performed and you canceled the verbal agreement for the work, he has no recourse. You acted properly by notifying him of the stop payment. He can take you to court but he will lose the case. You are not responsible for his overdraft. He is responsible for ensuring that checks he writes have sufficient funds available.

Evidently he deposited your check and immediately wrote checks to others, counting on your check to cover the amounts. When the bank received notice of the stop payment order, his account had already been drawn down and the bank recorded an overdraft. Since you notified him of the stop payment, it was his responsibility to ensure that the checks he wrote would be covered. You are not obligated to pay his overdraft. Since there has been no service performed and you canceled the verbal agreement for the work, he has no recourse.

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