Skip to main content
index page

Stope Payment on check

Submitted by on Thu, 02/07/2008 - 10:39
Posts: 202330
Credits:
[Donate]

I recently had some work done on my car which is a 2003 jeep liberty. it came back that it had to have a new motor put in it.
It cost me 2600 to have this done. The place i had it done was a business that my sisters boyfriends brother owned. I have known him for over 14 years.
We had agreed to write 4 different check to pay for the work. the checks were post dated in the amount of a little over 600 each.
he was not supposed to deposit the checks until the dates on them.
the 1st 2 checks he deposited a couple of days before the date on the checks which in turn made my account go negative. so in turn i wrote him a letter stating that i was putting a stop payment on the last 2 check because he had broke our agreement to deposit the checks on the date that was on the checks. i sent him this letter certified and with a copy of the stop payment order and told him i would pay him the rest of the 1200 in cash.
well since then a lot of things had went wrong, my husband lost his job, i lost my job cause i went on maternity leave and of course i had a baby and with 3 kids now we got really behind.
i tried to call him numerous times and he would not return my calls, he called my husband and screamed at him and told him that we almost made him lose everything cause of the stop payment and my husband told him what happened and yet he just bought a new 500k tow truck to haul semi trucks but yet we almost made him lose everything.
i received a letter from the states attorney because he told them that i wrote them bad checks. i did not write them bad check i put a stop payment on them and i informed them of the stop payment.
i talked to the states attorney and she said that it was going to be taken to the grand jury on april 4, 2008 and if i did not have it all paid to him by then there was a chance that i would be indicted because of it.
i guess my question is what is going to happen with this. I am going to try my darndest to have this 1200 paid by then but what if i dont. I do not want to go to jail for him saying i wrote bad checks. he did not tell them about the two checks i wrote previous that he broke our agreement with nor did he tell them about the letter and when i told the states attorney about it she said that if it went to the grand jury all she was going to do was tell them ok this person wrote these checks to this person and they didnt clear the bank.
please help me what can i do.


I think the states attorney may have to prove you wrote those checks with malicious intent to NOT honor them in the first place. i would definitely contact your attorney, or contact your local LegalAid clinic. LegalAid is a community program that assists low-income people with legal issues on a sliding scale. You have to disclose to them your income and they can tell you if you qualify to be helped by them. you can also call an attorney for a free consultation and find out if you eevn have a chance at beating this. Bring ALL of your paperwork, including the bank statements and copies of the checks that he did deposit. One problem you may run into is that a bank has it in their rules and regulations booklet they give you when they open your account that they are not held responsible for clearing a check that is post-dated. They really frown on doing that, since it's all up to human error whether or not a teller recognizes the date on the date. And, it looks like the teller at his bank didn't see that the checks were post-dated.


Submitted by swedishgirl on Thu, 02/07/2008 - 11:05

swedishgirl

( Posts: 326 | Credits: )


I believe since you mailed the letter certified that stated the fact that you only placed stop payment on the last two checks was because he broke the original aggreement should be to your benefit. It would be pretty easy to explain that an agreement was made between you two about post dating the checks or you wouldn't have wrote him four checks all at one time. Best of luck!


Submitted by Scott McKay on Sat, 02/09/2008 - 17:16

Scott McKay

( Posts: 108 | Credits: )