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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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we own a small business that works on heavy equipment. We

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we own a small business that works on heavy equipment. We had a customer that got his semi fixed in june of 2012. He didnt have the money to put a new engine in his semi so we knew someone who had a used engine. We put the used engine in his truck and thought we had explained to him that it was USED therefore no warranty on it. In Feb. of 2013, it broke down. In diagnosing it we found out that one of the pistons had broke. This could have happened at anytime in any used engine for many reasons. He got us to patch it back together and again we told him that this was not covered under warranty. He gave us one cheque for some of the payment and post dated another cheque for the rest. The next busines day he stopped payment on both cheques and claimed the truck still wasnt running right. We asked him to bring it back and we would look at it but he said no. What are our legal options?

TheLegalistEsq :

Hello I will be helping you. Let me review the question.

TheLegalistEsq :

You have a couple of options:

TheLegalistEsq :

option 1: If the check has not yet been returned by your bank with a "denied" insignia (or some other similar insignia) AND if there is no Indication in the memo field that the cheque is “payable to the named and intended payee only,” which would prevent the cheque from being cashed by another individual or organization once endorsed by the designated payee.you may want to try and deposit the cheques with a cheque-cashing place like Money Mart, for example.

Under the Bills of Exchange Act the person who writes the cheque is ultimately responsible for paying it, regardless of any stop payments. Therefore, the cheque cashing place is entitled to accept a cheque for payment without any further due diligence if the cheque-cashing place has no reason to believe that the cheque is invalid or non-negotiable.

Ultimately when the cheque is returned the cheque cashing place is more likely to go after the person who wrote the cheque because the Act allows them to collect on this instrument.

TheLegalistEsq :

option 2: is to take the customer to court. If it's under $5,000 ($7,000 in Quebec and $25,000 in Alberta) then you can easily file a law suit in small claims court and plead your case before a judge without having to hire an attorney. You will need to bring all the documentation with you including any correspondences with the customer. Especially important are the ones where you are offering help to the customer and inviting the customer to return so you can fix the issue.

TheLegalistEsq :

Please rate me positively. Good luck!

Customer:

thanks for that info. Can we take the cheques to a money mart even if we know there is stop payment on the cheques? we know that there is no money in this account.

Customer:

thanks for your advise. Can we take those cheques to a money mart even if we know that they have put stop payment on these cheques? also we know that there is no money in that account.

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