Legal Question in Credit and Debt Law in California

Credit damage due to stop payment check

Recenetly I recieved a certified bank check for something I sold. The other party placed a stop payment on my check without telling me anything, and has lied and changed his story many times to me about what he did and why. I had spent the amount of the check and then the bank pulled the money out when it wasnt there, and closed my account. My account is closed, I have been put on check systems, and it has been sent to a collection agency. Now I owe the bank the amount of the check and I can not get another account at any bank for 6+ years. What can I sue this person for and what kind of damages should I request conpinsation for and how much compinsation is a fair amount to ask for?


Asked on 2/14/03, 2:00 am

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Credit damage due to stop payment check

how much money did all of this cost you and why did the person stop payment on the check? please provide more facts so i can assist you better.

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Answered on 2/14/03, 1:43 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Credit damage due to stop payment check

California Civil Code section 1719 sets forth the damages for a bounced check, and in subparagraph 3 for a stopped check, there a substantial penalties if not paid upon further demand, but if your maker has a "good faith" dispute and stopped it for that reason, you cannot get penalties. You will have to find out his whereabout to serve a Summons and Complaint, if you do you might discuss this matter with him.

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Answered on 2/14/03, 2:00 pm


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