Legal Question in Legal Ethics in California

I put a stop payment in a check a month ago bacause the original check was missing in the mail. Then, I send another check to replaice it for the same amount. Immediately call the bank and put a stop payment on the first check. Now, a cashing place call me to pay the amount of the check. What should I do? Do I have to pay that amount if I pay for stop the check? Is there any regulation againt cashing places and their proceedings to cash a check?

Thank you

I understand that this is a free estimate ok.


Asked on 11/08/11, 2:41 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

1. Call the police and report your stolen check was cashed.

2. Look up "holder in due course"

3. Maybe your homeowners or renters insurance will cover the loss

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Answered on 11/08/11, 2:48 pm
Anthony Roach Law Office of Anthony A. Roach

Once a stop has been placed on a check, it can't be cashed. If someone other than the intended recipient was attempting to cash the missing check at a check cashing place, you and the check cashing place should have notified the police.

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Answered on 11/09/11, 1:05 pm


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