Legal Question in Credit and Debt Law in Virginia

I live in VA and recently had an unlicensed contractor come by and give an estimate for some work to be done at my house. He asked for one-half the funds upfront and the remaining balance when the jobs were completed. He said he would complete my bathroom work that day. But after I gave him a $280.00 check, he left saying that he would return later in the day to complete the bathroom (yes I know big mistake in giving him money). After an hour, he did not return, so I called my credit union and placed a stop payment on the check. I then called the man and asked if he was returning and informed him that I placed a stop payment on the check. He said he was planning to come back. I told him that when he returned to complete the bathroom work that I would pay him at that time. That was two weeks ago and he has not returned yet. In the meantime, he went and took the check to a cash checking store and cashed the check. The check cashing store tried to deposit the check and of course it came back stop payment. The check cashing store has now sent me a letter threatening legal action and saying I am responsible for paying this check plus a $50.00 fee. Shouldn't the person that cashed the check be responsible? I told him I stopped payment on the check.

Asked on 4/05/11, 3:50 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Yes, the check-cashing store should be focusing its attention on the one

who cashed the check rather than on you who merely exercised your

legal right to stop payment on it.

Answered on 4/08/11, 9:41 pm

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