Legal Question in Credit and Debt Law in Illinois

I stopped payment on check when learned services not rendered - Am I liable?

I recently wrote out a rent check to the person I am subletting from. I had every intention of writing a good check. March was the last month of the sublease, and they had asked me to vacate early so they could get in during the last week. They also told me that they would give me a break on the rent if I could leave early. I agreed to vacate in the middle of the month, but when the time came for me to pay, they requested the full-month's rent anyway and said they would reimburse me. I paid the full month's rent to them. After I wrote the check, I found out that they had been taking money from me for ''paid-bills'', but had not actually paid the bills, which caused some utilities to be shut off. When I found out that they had not paid for the entire time I'd been living there,I called my bank and asked them if there was anything I could do. The bank said I could stop payment. The stop payment caused them to have nine NSF fees of $28 each. I have paid them for the rent until now (that check cleared), along with current bills, but they want me to pay the bank fees. They say they will take me to court for the fees, plus they will sue for three times the amount of the original check ($900). What can I do? Am I liable?


Asked on 3/21/02, 7:06 pm

1 Answer from Attorneys
Bruce Buckrop Bruce Buckrop

Re: I stopped payment on check when learned services not rendered - Am I liable?

Their paid or unpaid bills are not your concern, if those utilities Or " Bills ?" are not in your name, that would not be a good defense for stopping payment on a rent check if all utilities were still on, and not cut off. You are also not allowed to rely on a oral promise to rebate a rent portion if there is a written lease, because oral agreements usualy become uneforceable if there is a written instrument that controls.

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Answered on 3/21/02, 8:05 pm


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