Legal Question in Civil Litigation in Florida

Stop Payment

Hello, my boyfriend had a private party help him move. The mover did not move all items as agreed. He promised to come back the next day to finish the job but never returned. My boyfriend stopped payment on the check, giving ample time for the bank to process the stop payment. The move was advised that the stop payment would be processed. The mover then took the check to a local Amscot, who gave the mover cash without verifying the check. After the mover was paid by Amscot, when Amscot deposited the check to Bank of America, they received notice that a stop payment had been processed. My boyfriend has now received a letter from Amscot stating they will take civil action if he does not pay the value of the check. Is my boyfriend liable for this? What action should he take? Shouldn't Amscot have verified funds before cashing the check? They would have been advised that there was a stop payment placed had they did.


Asked on 9/06/07, 3:49 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Stop Payment

Your boyfriend needed to advise the mover -- preferrably in writing that the check was no good and that he had stopped payment. Whether in fact he could permissibly stop payment after giving the mover the check and after the mover did some work is another issue entirely. But, without the mover knowing that the check was not good, he was free to cash it. Amscot is not under an obligation to call and verify that any and all checks they receive are "good."

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Answered on 9/06/07, 4:37 pm


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