Legal Question in Business Law in New York

check stop-payment

I performed services for a company as a contractor for 3 months and billed them weekly. The checked that was mailed to me for the last invoice I could not cash until almost 3 months later because I was out of the county working for another company. When I tried to cash the check upon return it bounced due to a stop-payment. The company would not return my letters/e-mails. But I sent the matter to a collection agency, the company disputed the collection by saying that they were over-billed.

I filed with a small claim court for the amount of the check, bank fees and the collection agency fees. What evidences would I have to show to the judge to win the case? The fact that I did get paid but latter on the company decided not to pay it for some reason is good enough proof in itself? Or should I have a witness (employee from the company) come to testify that I did perform work there during my last week.


Asked on 5/23/06, 12:44 pm

1 Answer from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: check stop-payment

The bounced check is a promissory note and without any other evidence the court would order payment.

Be prepared for the company to claim that you were in default in some manner; poor performance, failure to perform; something like that. Once that evidence is introduced you must have facts to contadict the claim(s).

The judge or the arbitrator will make a decision based on all of the facts presented.

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Answered on 5/23/06, 2:43 pm


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