Legal Question in Credit and Debt Law in Georgia
I am in Georgia - I am threatened by a local check cashing company with a lawsuit after they cashed a check for someone after I had stopped payment. UCC 3-302 (holder in due course) applies per the check cashing company's position. The holder knew we stopped pmt because he had obtained partial payment in cash from another employee at our company, and the work was not completed. No contact from check cashing company until AFTER check was returned to them as stop pmt - they have filed lawsuit. Do we need to pay for full amount of check and all filing fees? pls advise. thank you.
2 Answers from Attorneys
If the amount of the check is a significant amount of money to you, I strongly urge you to hire a Georgia commercial litigator. At the very least, you need to reply to the lawsuit, otherwise you will lose your right to fight the allegations in Court. If you need a referral, please let me know and I can offer a couple of suggestions of reasonably priced attorneys. Best of luck.******The above is for informational purposes only and does not create an attorney-client relationship.*******
If the amount is large you need a lawyer to defend you and review options. Since there is a lawsuit, you either will have to defend it or bankrupt to stop it. You shouldn't attempt any option without a lawyer and need one less than 30 days from when you got the suit.
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