Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Hello I will be helping you. Let me review the question.
You have a couple of options:
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.
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.
Please rate me positively. Good luck!
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).