Legal Question in Credit and Debt Law in Illinois

I wrote a check to a pet hospital and then put a stop payment on it due to being unsatisfied with the service. Before putting the stop payment on, i contact both the local office and the corporate office to try and resolve the matter. They were unable to resolve the matter so i went ahead and put a stop payment on it. I have since filed a complaint with the local BBB which to date has not be responded to by the company.

The pet company uses a check service which paid the pet company and is now trying to collect the stop payment from me. They suggest i cut them a new check and then try and collect from the pet company.

At this point, i feel like i lose all leverage by paying this check, but now they are threating all sorts of things. What do you advise. Thanks


Asked on 1/05/10, 12:42 pm

2 Answers from Attorneys
Adam S. Tracy Securities Compliance Group Ltd

Thank you for your question. You are in a difficult position here. The check service is likely to continue collection actions against you. This would include reporting their collection efforts to the credit reporting bureaus. Depending on the amount, you may just wish to pay it and thereafter seek to have the money returned. Your recourse would be a small claims action, most likely. Please feel free to contact me if you have any additional questions. My email is: [email protected]

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Answered on 1/10/10, 12:49 pm
Arnold Toole Toole Law Office, LLC

The "check service" is a third party service provider that has a contractual relationship with the pet hospital (not you). Whether or not the pet hospital performed the appropriate services for you is not their concern. Their only job is to collect the money from you. Try contacting the pet hospital again, and sort this out with them. If the pet hospital did not perform the services you bargained for, then you could have a breach of contract action against them. If you would like to discuss this matter further, please feel free to contact our office at 773-684-5730.

This reply does not constitute an attorney client relationship, and is specifically limited by the information you have provided.

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Answered on 1/11/10, 8:12 am


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