Legal Question in Credit and Debt Law in Georgia
I placed a stop paymant on an check I wrote.. It was for paint and other supplies they never showed up after given the deposit and they cashed it at a cash checking place it never cleared my bank because I placed a stop payment on it. The cash checking place just filed a case against me. Can they do that and what can I do.
1 Answer from Attorneys
Civil or criminal? Do you have proof of the valid stop payment order? How was the check returned - NSF? Or something else? I assume from your post that payment was stopped on the check before the painters tried to cash it. Did you advise the painters that payment was stopped?
Did the check cashing place send you a letter first? If so, did you advise of the stop payment?
I think as between you and the check cashing place, you may have to pay if you did not alert the painters. How was the check cashing place supposed to know that payment was stopped?
If you are charged criminally, then you will need to get an attorney and get the charges dismissed. If its civil, then there should be a hearing. I would go to the hearing with your proof of the stop payment order and perhaps an affidavit from your bank indicating that a valid stop payment order was issued.
Stopping payment on the check was not a wise thing to do. If you had problems with the painters, then there is a way to get your money back legally. Next time, don't do this and cause even bigger problems for yourself.
Maybe another of the attorneys in Georgia will be able to offer other insights. If it was me, I would offer to pay the only the face value of the check at the hearing if this is a civil matter and the check casher never notified you about this.