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TJ, Esq.
TJ, Esq., Attorney
Category: Business Law
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Experience:  Licensed to Practice Law
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Can an issuer put a stop payment on the bank check he gave

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Can an issuer put a stop payment on the bank check he gave me in payment of my car he bought?

I sold my car to Mr. AAA and received a bank check. Mr. AAA took the car and the title. I deposited his bank check on Monday, 4/11. around 4:00 p.m. Mr. AAA "threatens" that he will put a stop payment on the bank check I deposited.

Mr. AAA's bank check is from the Federal Credit Union and my bank is Wachovia. Wachovia says the check will clear by midnight Tuesday, 4/12. Even though Wachovia prohibits stop payment on bank checks, certified checks and cashier's check, they are not sure about the Federal Credit Union's policy on stop payment.

My question is: Is it possible for Mr. AAA to put a stop payment on the check he gave me? He said he will do in on Tuesday morning. My additional question is: Will the stop payment go effective?
Submitted: 3 years ago.
Category: Business Law
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you.

No, Mr. AAA cannot stop a bank check. Bank checks are guaranteed by the bank (or in your case, the credit union), and must be accepted. In fact, if the check is not paid, you would not even have to go after Mr. AAA. You could go after the credit union itself since the bank check is guaranteed. But realistically, that's not going to happen ... the credit union will honor the check.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

Customer: replied 3 years ago.

Thank you very much for your quick response. That was very helpful.

 

My additional question: I read from a Web site that if a fraudulent process was involved. one example is when the check was a counterfeit version, the bank can take my money back even after one or two weeks after the check cleared.

 

Is that true? Or, will the bank still honor my deposit and go after the issuer, Mr. AAA? Of course, in that case Mr. AAA will be in trouble with the law. Am I still be protected? If not, what is my recourse?

Expert:  TJ, Esq. replied 3 years ago.
Hi again.

Are you asking if your bank can make you repay it if the check doesn't clear? If so, then the answer is yes, even after a couple of weeks (or longer). The botXXXXX XXXXXne is that when you deposit a check in your account, you guarantee to your bank that the check will clear. Therefore, if it doesn't, then your bank can go after you for repayment, even if it's been weeks, months, or even a couple of years (when the statute of imitations expires).

If you must repay your bank, then your recourse is to go after Mr. AAA or the credit union, depending on the reasons the check did not clear.

I hope that helps. Please remember to click "accept."
Customer: replied 3 years ago.
What are some of the reasons that will make me to go after Mr. AAA vs. the Federal Credit Union? What guidelines would you give me as to which party to go after? I will look forward to your elaboration.
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

It will be easier to collect from the credit union than an individual, so you would want to go after the credit union if you have a case against it. The only way you would have a case against the credit union, however, would be if the check is legitimate and the credit union incorrectly dishonors it. If the check is fake, then the credit union has nothing to do with the situation, and you're stuck going after Mr. AAA.

I hope that helps. Please remember to click "accept."
TJ, Esq., Attorney
Category: Business Law
Satisfied Customers: 9766
Experience: Licensed to Practice Law
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