Legal Question in Consumer Law in Florida

Third party checks

Here's the ''Reader's Digest'' version:

I issue a check to my lawn man who tries to cash it at my bank and they refuses to cash it.

Instead of returning the check to me, he cashes it at a convenience store.

The check is returned to the store with a ''stop payment'' for which his bank charges $35.00 to his account.

Although, in this case, my bank admits it was returned due to a banking error, who is ultimately responsible for paying $35.00 to the store owner?


Asked on 2/13/03, 10:01 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Third party checks

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE:

I recommend you paying and then telling your bank to reimburse you for the wrongful dishonor of the check.

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Answered on 2/13/03, 11:34 am


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