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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17524
Experience:  B.A.; M.B.A.; J.D.
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Is it legal to cancel a check that already be cashed? My

Customer Question

Is it legal to cancel a check that already be cashed? My landlord refunded me the deposit of 3700 on the day I moved out, and later, after the cash has been cashed to my bank account, the landlord canceled the original check, and sent me another one with
much less amount. Is it legal for them to do it?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.

No, and I do not know how his bank would let him "cancel" a check that has already been cashed.

Customer: replied 1 year ago.
I have no idea either. It just happened. So what should I do now?
Expert:  Phillips Esq. replied 1 year ago.

Send the check back and let the Landlord know that you have already negotiated the first check.

If your bank tries to debit your account for the cashed check, you need to dispute it with the bank. The check was good when it was cashed. You also need to file complaint against the Landlord with the Attorney General's Office.

You can also file lawsuit (Small Claim) against the Landlord for any charges to your account that result from the check being cancelled and your bank trying to debit your account for the check.

Customer: replied 1 year ago.
I went to my bank today and they said there's nothing they can do since it's the payer canceled the check.
Expert:  Phillips Esq. replied 1 year ago.

Has the money been taken from your account?

Have you returned the replacement check?

Customer: replied 1 year ago.
the money was taken from my account, 8 days after cashed. And I have returned the replacement check but haven't hear from the payer yet.
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

I am here wondering how the bank was able to get a check that has already been cashed cancelled.

In any event, give the Landlord about a week to get back to you. If the Landlord ignores you, then you need to file complaint with the Attorney General's Office or proceed with a Small Claim.