Legal Question in Credit and Debt Law in California
Cashing a Stop Payment Check
Last year, I mailed a check to my ex-tenant (to return his security deposit) who claimed that he didn't receive it. I therefore placed a stop payment on the check and sent him another check to replace to one that I thought was lost in the mail. He cashed the second check, but a year later, he cashed the first check that he claimed he didn't receive it (unfortunately, I fount out from my bank that stop payment of a check only good for six months). Since I have evidence that he has received double payment from me (by cashing both checks), how I can proceed with legal actions to get half of the money back? Has he violated any criminal law and can he be prosecuted? Your anwser to my questions are greatly appreciated.
1 Answer from Attorneys
Re: Cashing a Stop Payment Check
You can sue him for the amount of the other check, since he knows he wasn't supposed to cash it. He basically owes you that money. Make sure the signatures on the checks are similar, etc., so he can't claim someone else cashed the other one.
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