Legal Question in Business Law in New York

NY Carpenter fraudulently cashes check

In Oct. 02' our company (located in PA) worked at the LaGuardia Airport in NY using employees from the NY Carpenters Union. We mailed their weekly paychecks, as scheduled, but they threatened to walk off the job if we did not write them new checks on the spot. We wrote them new checks with the promise that they would return the checks already mailed as soon as they got them. We put a ''stop payment'' on the original checks mailed for security.

One of the carpenters took the mailed check to a check cashing company, ABRS Check Cashing Corp., and received cash in the amount of $1031.19. When ABRS tried to deposit the check, it came back marked ''Stop Payment''. ABRS contacted us saying that according to NY law, we were responsible. Our lawyer advised us to pay back ABRS.

The problem now is that we can't find a way to make the carpenter pay us back. We contacted him via phone and mail many times to set up a payment plan. He is making no effort to pay us back. We contacted the NY Carpenters Union; they have been no help to us.

Are there any cost effective suggestions as to how we can get our money back?


Asked on 7/25/03, 9:03 am

3 Answers from Attorneys
Michael Paradise Law Offices of Michael S. Paradise

Re: NY Carpenter fraudulently cashes check

Small claims court would be your best course of action. The fees are low and the process is faster than a suit in regular court. You should first send a strong demand letter to the defendant.

Good luck.

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Answered on 7/25/03, 9:09 am
Neil Quartaro Lyons, Skoufalos, Proios & Flood

Re: NY Carpenter fraudulently cashes check

Small claims court is probably the best and cheapest answer. If you go and fill out a complaint, you'll get a hearing date in a few weeks. Form there, it will depend on whether this individual shows up. You may also want to consider referring the matter to police.

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Answered on 7/25/03, 9:21 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: NY Carpenter fraudulently cashes check

2 Suggestions: First contact the District Attorney's Office in Queens. Since this pesrson knew that new checks would be issued and he acted to circumvent the normal process, he acted with intent to defraud. File a complaint and see if the D.A's office will prosecute. IF they do, he could face criminal charges and you can get restitution.

IF the D.A. determines it to be a purely civil matter. File a complaint in Small Claims court and your case will be heard fairly quickly. However if you get a judgment, you will still have to enforce it.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 7/25/03, 12:21 pm


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