Stop Payment

Question: Stop Payment? I recieved a payroll advance from a check cashing establishment about 3 weeks ago and they have yet to cash my check. I want to put a stop payment on it, but as bad luck would have it it'll probably try to clear my account the day I decide to do it. If I do stop payment on it and the check never clears my bank account do I still have to pay them that money or will my debt magically disappear? LOL

Answer: First you need to keep in mind that you do legally owe the money, regardless of when they cash your check. With that being said, if you choose to stop payment on the check (which would be illegal and you will end up in court over the matter), you would pay a fee to do so. The debt will not magically disappear and you will still owe the money. I gaurantee you that the company will take you to court and could still pull the funds from your account because they do have your account number. They would be well within their rights to do so because you signed a contract for the advance. Your best bet is to call the check cashing establishment and inquire why the check has not been cashed. You can talk to them about any other payment arrangements/options at that time if you do not have the funds available. Most check cashing companies that I know of do not cash the check anyway, they just use it as proof of a checking account and have your account number on file should something like what you are asking happen. Most require you to pay the advance back in cash.

Question: stop payment?!? I stopped payment on a check, will the electric company also charge a return check fee, if I already paid a stop payment fee with my bank? It's not because I don't have the money, the check never showed up to them.

Answer: Well if they already know that the check got lost, they should not even process it if in fact the check turns up later. So it is not your fault and they should not charge you for a NSF. Make sure they get that point across and they have notes in their database about the lost check.

Question: Can i stop payment on an echeck to a gambling website? I gambled with more money than i have. I am a US citizen and used an echeck to two different online gambling sites. What happens if i call my bank and tell them to stop payment? Will my bank stop payment? Will the gambling site report this to credit? Can they since online gambling may be prohibited?

Answer: It will bounce like a normal check. Since eCheck is a considered to be a checking service, your banking institution sees this as a returned for non-sufficient funds check. In addition, you will be charged a returned check service fee from your banking institution. Just cancel it and save yourself the hassle. Curs: isn't it reap what you sow (as in sowing seeds)?

Question: What is the process when you stop payment on a check? I am curious on if anyone knows the process on when you stop payment on a check. When the person goes to cash it, what happens from there. Do I get the check back showing the payment was stopped or what? I would call my bank but they are closed. Thanks for any information I already stopped payment on the check. I was asking, when the person goes to cash it what happens then.

Answer: As a bank teller for over three years, I can confidently tell you that when someone goes to cash the check, one of a few things could happen. Say you bank with Bank A, and the person goes to bank A to cash it, well the teller is going to see in their screen "STOP PAYMENT ON FILE FOR THIS AMOUNT" because when you place a stop payment on a check, you need the amount, serial #, around the date it was written, and when the teller goes to cash it, the computer compares the information of the check vs any stop payments on file. Problem is, only your bank can see the stop payment messages the quickest. Any other banks will have to process the check and wait for it to clear. Say the person banks with another bank, Bank B, and they deposit it. They'll get the credit for one or two days but when it gets back to your bank (usually the next night), it'll reject and Bank B will deduct the deposited amount from the person's account. You wont get the check back as it's shredded as soon as it's sent to processing (proof department). You might get a notification from your bank that the check was presented for payment and it was declined. You, however, need to also watch your account carefully, because sometimes checks can get processed anyway (banks see thousands of checks on a processing night). If it deducts from your account, notify your bank.

Question: What can I do when leasee puts a stop payment on 2 post dated renatl checks? I have a couple who rents our home for $1032 a month. They sent me an email saying they were moving out due to various reasons, and they also stopped payment on 2 post dated checks I received from them. I cashed them when they were due, and then they were sent back to me for stop payment. We all live in OH. They are moving to KY next weekend. I read that I cannot prosecute a stop payment check because they are not considered bad checks. I can however get a lawyer and take them to small claims court. This is what I read? Is it true? I want to file charges of check fraud against them. Can I? Thanks for any help. The checks equal to be $1032 plus now I have bank fees for them being returned.

Answer: get a lawyer and file suit before they moved to KY

Question: How long must I wait for stop payment on check to get my money back? I put a stop payment on a cashier's check I sent to someone on ebay. Well I found out the guy was a scammer, I put a stop payment on the check. Well no one at the bank "National City" knows when I will get my money back. The branch that I purchased the money order and put a stop payment, said 6th months, another branch said 30 days. I talked to the branch manager and he did not know. Anyone know?

Answer: I don't know how long National City will take. If you have reported the answers they gave you accurately, that is enough reason to quit doing business with them. If they don't know their own policies, how can anyone else.

Question: Who is responsible when someone tries to cash a check with a stop payment? We issue employee checks through a payroll company. A mistake was made with one check. We were advised by the payroll company to stop payment on that check and reissue a new one with the correct amount. Employee was made aware but apparently cashed both at a check cashing place! Now the check cash place is threatening to sue us for passing a bad check. I thought a check with a stop payment couldn't be cashed? What can we do?

Answer: You are not liable for the check with the stop payment, if the stop payment was in place before it was cashed.

Question: Who pays for stop payment on a check that wasn't received? I live in California. I haven't received a reimbursement check from the company who administers my employer's supplmental benefits program. Their records show that they issued the check, but I haven't received it. This has happened on several occasions, and the last time I was asked to absorb the stop payment fee, which I refused to do. This is a problem along with habitually losing claims (which I fax, so I can prove they received them). Is there a legal basis for me to refuse to pay the stop payment fee? If so, can someone refer me to the code? I assume it is the sender's responsibility to ensure that the payee receives payment, but I'm not sure. Thank you!

Answer: It is their legal responsibility to get you the check. If you didn't receive it, then it is their problem. They could issue another check without stopping payment on the first one. Then they could sue whoever cashes it (and have them arrested). It is their choice.

Question: How long do you wait for someone to cash a check before issuing a stop payment? I wrote a check to a reverend to perform my wedding ceremony at the end of January... it is now September (8 months later) and he still has not cashed the check. Would you issue a stop payment, remind him to cash the check or send him a new one? I would just like to balance my checkbook and move on.

Answer: CALL HIM UP AND REMIND HIM SO YOU CAN DO YOUR CHECKBOOK

Question: How long do I have to keep stuff I put a stop payment on if I can't contact the company? I purchased some meat from a company called Ranch House Meats that came to my door. The meat looked good and the price was reasonable, however, after they left, and upon closer inspection, some of the meat didn’t look so good and some was not frozen anymore. We tried calling them back but couldn’t get a hold of them. So we put a stop payment on the check we wrote thinking that they would call us or come back to get their money. I called the bank and they tried to cash the check a month ago. So now it’s been month and I have all this meat in my freezer that I don’t want. My question is how long do I need to hold onto this meat before I toss it? I would like to restate that we have no way of contacting the company. We could not find a phone number or address for them and tried calling "Great American Steak Company" in Sacramento (which is where they said the meat was from) and they had never heard of Ranch House Meats. They did not leave us any kind of invoice or receipt and that was why we decided to put a stop payment on the check instead of just having the meat replaced to begin with.

Answer: You need to be able to prove to a court that you made reasonable attempts to contact the company. The meat company can bring a worthless check charge against you since you stopped payment on the check for goods that you received. If it's been that long, and you haven't heard from anyone regarding paying back the check, then it is unlikely that they are going to take the check to the JP to file a charge. But if they do, you need to show you made a good attempt to contact them. If you throw away the meat, they can argue with the judge that you ate the meat and never paid them for it. Typically, the statue of limitations on bad check prosecution is 1 year from the date on the check if it was less than $500.. You have a phone number for them, so keep calling. Send them a certified letter if you have an address for them. Check this site for an address http://ranchhousemeats.com/

Question: My checkbook was stolen I initiated a stop payment with my bank. Is this a one time fee? I called my bank because my checkbook got stolen they put a stop payment on my checks that was 36.00 will I be charged that for each check they stop payment on or is that a one time fee?

Answer: Depends on your bank but sadly a stop payment is for a limited time only. There is no expiration on a blank check, so should someone try to forge your checks, they will only have a problem for the first stop payment period. If you are really worried about it, I'd get a new account, or request if they can change the account number.

Question: How do you get help when someone has put stop payment on a check you deposited? My husband was supposed to do work laying floors for a friend with a money management problem. He asked for the money up front and began work, only to have the guy put a stop payment on the check days after we recieved it(and spent some of it for bills). Now we have no money and a huge deficit in our account. Is it legal for him to do this? What can we do to get the money? He stopped working on the floors, but is there a way to force the guy to pay?

Answer: Yes. Depending on the State, you can place a 'mechanics lein' on the property where the work was done. You can also check if your state has a Home Improvement Contractor Registration program. This is a fund set up to help those who have been scammed by contractors. Also, small claims court is an option.

Question: Can you put a stop payment to a cashiers check? I sent out a cashiers check and want to stop payment on it before it is received. Is this possible to do so?

Answer: No. The check has already been paid for.

Question: Can a customer legally stop payment on a check for services rendered if not satisfied with the service? If a company performs a service and the customer decides afterwards that they aren't satisfied, is it legal for the customer to stop payment on the check to renegotiate fees?

Answer: You will be sued and then if they win you will have added fees. Your best bet is to contact the company and see if they will try to fix what ever you think is wrong.

Question: How long should one wait to put a stop-payment on a personal check? I gave a car dealer a personal check as a deposit today, and will return with the rest of the balance tomorrow--that is if I am able to borrow the money. If not, they say, they won't cash the check, but can't return it since it will already be "elsewhere." If the deal doesn't go through I plan to put a stop-payment on the check anyway. Will it be Ok to do so tomorrow?

Answer: Yes, you can order stop payment at anytime.

Question: Are we responisible for a stop payment check at a check cashing store? We live in CA and recently has some work done by an unlicensed contractor (yes we know big mistake). We paid him when we thought the work was completed and turned out it was not done. We put a stop payment on the check. In the meantime, he went and took the check to a cash checking store and cashed the check. The check cashing store tried to deposit the check and of course it is coming back stop payment. The check cashing store has now sent us a letter saying we went into their store and cashed this check and are now responsible, which first is wrong because we didn't go in there. When we called to tell them we put a stop payment on the check, they are saying we are responsible. Shouldn't it be the guy who took the check in? We told him we stopped payment on the check and he needed to return the money.

Answer: There are a number of items at play here. The check cashing store should have called the bank to make sure the check was legitimate before they cashed it - at that point they would have learned there was a stop payment issued on that check. The contractor is at fault because he took that check to a place he hoped would cash it knowing it was not a good check. That is called fraud and he can be charged. You are not at fault here - those two parties are solely at fault. You need to go to your bank, have them draft a letter on letterhead to the check cashing site explaining that a stop payment had been issued on that check on (insert date) and that they have been informed the recipient of the check was aware of the stop payment at the time he took the check to the establishment. You are NOT responsible to the check cashing store - somebody there made a huge mistake and are trying to cover their own butt by getting the money back from you. The employee could actually be made to pay the store back for failure to verify funds. You can also file a complaint with your local police department, and I would definitely file a complaint with the Better Business Bureau. Licensed or not he has to abide by the law, and he isn't.

Question: My employer issued a stop payment on my paycheck when I resigned and bounced my check. How do I get my pay? My employer issued a stop payment on my paycheck he issued for my wages after I resigned from the company for not receiving my paychecks when they were do. After many phone calls and e mails demanding my money he has refused to pay me for his bounced check and fees that overdrew my account. He has ignored my emails and refused my phone calls except one message that stated if I were to persue this legally he will only respond to an attorney. The employer knows I do not have the money for this. He issued the stop pay after I deposited the funds. Is this legal? How do I recover my wages. I notified him of the damage it had created with checks that I wrote against my deposit and he continues to ignore my requests for payment.

Answer: All you have to do is file a complaint with the board of labor for your wages. I would also go down to small claims court first thing in the morning and file for the wages, bounced check charges, your time, distress, etc up to the maximum amount you can claim. Since they are a company, the MUST respond via attorney and not personally. It will cost them a few hundred dollars MINIMUM and there is absolutely no way around it. After his attorney calls to settle, refuse. Tell them you will see them in court and hang up. Don't discuss anything with them because you can cost him even more money when his lawyer is forced to appear in court. There is no defense to stopping a paycheck that is owed. You will win AND cost him about $1,000 extra in legal fees. Stop screwing around leaving messages. File tomorrow and thats it. Cost the jerk some serious cash for treating you this way.

Question: Who is liable for cashing a check that is third party endorsement prohibited and has a stop payment? We issued a check to an employee, who then called and said he did not receive it. We then placed a Stop Payment on it and re-issued a check. Now in normal circumstances, in California, we would be responsible, but since all of our checks state on the check that "Third Party Endorsement is Prohibited"that we would no longer be responsible. Am I wrong? If so what wording can we put on our checks to protect ourselves?

Answer: if you put a stop on it no one can cash it. no matter what you have written on it, as long as the stop is on it, its not cash able. but a stop on a check only lasts 6 mos. so if your worried about the check you need to put the stop back on it every six months. if you want to not have to honor the check. where your check is imprinted with the third party warning, under it imprint not valid after 30 or 60 days and the check won't be cashed after that date. if the bank cashes a check that has a stop on it, it's their fault not yours and you can't be charged for that. the bank would have to give you the money back.

Question: A customer issued a stop payment on a real estate appraisal. What can be done to enforce payment? A customer requests an appraisal. The customer feels that his house is worth $650,000. an appraisal provided by a state Certified Appraiser indicated that the property was only valued a $450,000. The customer paid for the appraisal at time of inspection. After the customer was informed that the property didn't appraise at $650,000, he had his bank stop payment on the check. Where do I go from here?

Answer: I agree with Ron. Since he essentially wrote you a bad check you can sue for over the amount. I think the amount is state specific, but you could look it up easily enough. In CA it is 3 times the amount of the check.

Question: Can my employer stop payment on my deposited check? I recently quit my job about a little over a week ago. When I checked my bank account I found that my ex- employer put a stop payment on my final check, for work that was already completed. I did sign a work order for the month like I always do and I did quit before the month was over, but can she still not pay me for the 2 weeks of work I've already done. Any help would be appreciated.

Answer: File a complaint with the state Dept of Labor as well as the bank. In my state, an employers has 72 hours to pay out a final paycheck (weekends and holidays included) or they must pay 3 times the amount due.