Legal Question in Business Law in Georgia

I operate a small business. One Saturday night after a employee of mine received his weekly pay, he ask me if i can give him pay advance for his next work because his rent is due. I wrote a check of $300.00 to him and remark on the check as " pay advance". The next following Monday, he quite his job. After have phone conversation with him, I put a stop payment on that pay advance check. Now the gas station where he cash that $300 of check ask me to reimberse them back, what should I do?


Asked on 11/16/10, 7:36 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney I can say this. Stop payments are issued on checks all the time and it's usually the risk of the person acting as an intermediary and cashing the check. If a check bounces, they have recourse against the person who gave them the check. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/21/10, 7:46 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Generally the check cashing place must pursue him and not you.

However, with an amount that small, your legal fees to defend the matter if he does pursue you, win or lose, will be way over $300, so you may want to take that into account.

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Answered on 11/21/10, 8:47 am


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