Legal Question in Credit and Debt Law in Utah

My check was cashed though it should have been held

A default judgement had been granted against me. We were sent to mediation. I explained that I missed the court trial date because of illness. I had been in the hospital. The other party led me to believe that there was noting I could do, but pay the amount he recieved judgement for. The judge advised me to seek legal council and said that he would hold it over for 30 days. I spoke with a lawyer then filed a Set aside judgment which was granted. Today I recived my bank statement showing the check for full payment had been cashed. The court was to hold the check pending on the ruling in 30 days. When I filed the set aside judgement I requested the check be held till a decision was made. What do I do?


Asked on 2/01/02, 1:34 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: My check was cashed though it should have been held

Go back to the court and explain what happened. Ask for the funds to be paid back or paid into the court and held until the matter is resolved.

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Answered on 2/01/02, 10:31 am


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