Legal Question in Credit and Debt Law in Virginia
I stopped payment on a person's check because it was lost in the mail. I gave that person another check. That person then cashed both checks at a check cashing company. That company is now trying to get money from me. I live in Washington, DC. I told them I put a stop payment on the check, but they still say I owe them. Who's right?
1 Answer from Attorneys
The main culprit, of course, is the scoundrel who cashed your two checks.
However, you could potentially share liability with the scoundrel if
your stop notice was not timely implemented by the bank on which the check was drawn which could also result in it being liable to you and you, consequently, to the check cashing company. And, then, of course, if you then paid the check cashing company for one of the checks, you would have a claim
for that amount against the scoundrel (who may have absconded to parts unknown by that time).