Legal Question in Business Law in California

Stop Check placed

I have a friend who gave me a

check to buy something for him. I

bought it and shipped it to him out

of my personal account using my

credit card. Now a stop check was

made and the money was taken

back. The order has already been

shipped to him. Is there anything I

can do about it? I tried calling him

but no where to be found.


Asked on 5/07/09, 11:04 am

3 Answers from Attorneys

Adam Telanoff Telanoff & Telanoff

Re: Stop Check placed

This does not sound like a friend.

You can report this to the District Attorney. It is check fraud, and they may be able to help you get your money back... and possibly send the friend to jail.

Otherwise, if you know where your friend is you can make a demand for payment. Properly made, you can recover up to three times the amount of the check.

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Answered on 5/07/09, 12:28 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Stop Check placed

Unless there is more to the story, you've been bamboozled.

Stopping payment on a check, without good cause, is legally almost the same as any other bad-check act, such as insufficient funds or no such account.

You may be able to go directly to the D.A. or you may have to contact the police and make a report (counties differ), and they may investigate and might bring charges. Unless the amount is large, or your friend is wanted for other reasons, it's unlikely you'll get any action, as the cops and the prosecutors have too much violent crime to deal with and too few resources.

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Answered on 5/07/09, 12:49 pm
Terry A. Nelson Nelson & Lawless

Re: Stop Check placed

Go file a Small Claims lawsuit.

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Answered on 5/07/09, 1:52 pm


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