Legal Question in Employment Law in Florida

Stop Payment

Hello,

I recently was employeed by a company I worked there from 8/19 - 9/15. Recieved a paycheck on 9/1 which was fine and recieved a paycheck on 9/15, the paycheck I recieved on 9/15 was put a ''stop payment'' on. On the bottom of the check in the memo field it clearly stated 8/15-8/31 paycheck. I had already cashed this check through a 3rd party check cashing company. Now that third party is calling me telling me they want there money back, also they were sending it to there attorney because the check was made stop payment on. I did fulfill my end of the temp employment agreement however there was several things the employeer did not. My question is should I be concerned with this, I did cash the check it seems to me that the dispute should be between the 3rd party check cashing company and my x-employeer. I am worried about legal consequences from the check cashing company however I have done much business with them in the past and never had a problem...Please let me know your thoughts.


Asked on 9/23/06, 12:43 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Stop Payment

You asked if you were responsible for any payment issues in connection with a "stop payment" made on a check you cashed with a check cashing store.

First off, what the hell are you doing cashing checks with a checking cashing store? They take 20%-30% of the value of a check and provide absolutely no service or value beyond minor convenience. That's like telling the person who's paying you that they are overpaying you by 1/3.

As to your issue, you paid a service fee for cashing a check at the check cashing store. As long as you had no part in the stop payment you should be in good stead. If on the other hand you knew about this or cashed a replacment check then you may be liable. These matters are handled accoding to a law called the Uniform Commercial Code, as enacted by the separate states.

If the check cashing store calls again read up on the Fair Debt Collection Practices Act and follow the instructions provided on the Internet.

Regards,

Roger Traversa

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Answered on 9/23/06, 1:53 am


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