Legal Question in Civil Litigation in Louisiana

stopped payment for reason of overpayment

I wrote a check for $500 to my daycare provider to cover 5 weeks of daycare service (week 1 ending, week 2 upcoming and the following three future weeks). On Wednesday of week 2 I was told the owner of the daycare had sold the business and moved out of state. The new daycare owners officialy took control of the daycare on Monday of week 3. I stopped payment on the check I had written for $500 as I only owed two weeks payment to the prior owner (not 5 weeks as I had paid). It is now almost two months later and I received a nasty call from the prior owner concerning the stop payment. I was threatened with having a warrent placed on me if I did not pay the full $500+fees by this same day's close of business and that any lesser amount would be refused. Had I known the daycare would change ownership, I would not have paid 3 additional weeks in advance. What are my options for resolution with the prior owner if the lesser amount of two weeks payment is refused ?


Asked on 12/28/05, 10:31 pm

1 Answer from Attorneys
Steve LeBlanc Steve LeBlanc, Ltd., (APLC)

Re: stopped payment for reason of overpayment

I assume you paid the new owner the $300.00 for weeks 3-5. Therefore, I would send the prior owner a check for $200.00 which you owe and tell her to take up the issue of the $300.00 with the new owner who actually provided the service, and/or tell her to sue you if she feels she is entitled to any more. Yours, Steve LeBlanc

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Answered on 12/29/05, 11:18 am


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