Legal Question in Credit and Debt Law in Massachusetts
Stop Payment On Check
I agreed to go to a concert with a friend. We agreed to each pay 1/2 of the cost. It was $220.00 total, $110.00 each. She didnt have the money so I paid all of the cost. She sent me a post dated check. Then due to personal problems I was told she could not attend and told me to keep her share for my trouble. I deposited check into my bank on the specified date and 2 days later the check was returned to my bank as "Stop Payment". I contacted her and she told me it was a mistake and promised a new check but havent received anything since. What can I do?
2 Answers from Attorneys
Re: Stop Payment On Check
Did you ever get your money from your friend?
Did someone else go in her place, and did they pay
you some of the money at least? Theoretically, you
ought to reduce what your first friend owes you by
that amount.
Anyway, I offered to call her for you but haven't
heard back from you. She's broken a small number of
laws, one of which is a federal offense ... (don't
worry, she's not going to get locked up!).
If you call, remind me of the story so I know who you are.
(617) 527-0050.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Re: Stop Payment On Check
I think she lied to you when she said it was a mistake.
Stop payment orders given to banks are usually quite explicit: she probably
gave them ALL this information: a check number, a date, an amount, and the payee's name (your name).
Your best bet is to have a lawyer call her and inform her
about the laws she's broken and what he can do.
Are you in the Boston area? If so,
contact me
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Newton, MA
02459-2509
tel 617 527-0050
fax -1763
The next LEGAL action is to file in small claims court. You don't
need to know what laws to apply, but you do need to show all the
receipts, notification of the stopped check (and whatever fee your
bank may have assessed you), etc. Frankly, it's not a very good option
because chances are that she won't show up and then you'll have to start
a separate collection effort.
It's best that you try to work it out with her amicably; get her to send you
an installment ... $20 this month, then $20 next month, etc.
There's another reason you should call me.
I'll be out of the office most of today, though, so try tomorrow,
Wednesday.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
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