Legal Question in Business Law in Kansas
A business man issued a cheque worth $500,000 to some one and when the person presented the cheque for payment there were insufficient funds on the account hence the cheque was dishonoured. how is the case of a bounced cheque handled?
2 Answers from Attorneys
Not all bounced check cases are alike. I would need to know why the check was issued.
I can imagine any number of scenarios, each of which would be handled differently. Was the issuer obliged by contract to make the payment? Did the recipient try to coerce the payment even if he wasn't entitled to it? Was the issuer trying to pay for something illegal? Was the $500,000 amount a mistake?
Assuming that the issuer was trying to make a payment he had contracted to make, the recipient can sue him for breach of contract. First, though, he should give the issuer a chance to make good on the debt.
Any business or franchise attorney will say the first thing to do is contact the maker of the check and see if arrangements can be made to deposit it again with the bank. What was the check originally issued for? These facts and circumstances need to be evaluated. 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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