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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111657
Experience:  Attorney experienced in commercial litigation.
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You should to check title loan as we have done this

Customer Question

You should to check for a title loan as we have done this for this individual in the past and had no problems however she issued maybe a envelope then if you're to have the time limit which was a copy a colored copy of the title and I failed to look at it closer because it was in the envelope that we had just recently given back to her she had needed money for attorney face so the check that I wrote out for $500 for her attorney fees a late flight because she cannot provide me with the name of the attorney which she had at home and was to call me back with as I open the envelope after she left I realized it was not the title and when I contacted her she said she made a mistake that it was a copy of her title little that I know she taking the original title to a title loan and got advance on the title . After requesting that she return the check and failure to do so I put stop payment on the check I didn't hear anything for some time until the liquor store which was a local liquor store and friends of my family which we own the car business cash the check and the check came back a stop payment they are looking at me to cover the funds in which the son cash the check for $500 . He assume since he saw my name on the check that the funds were good which I'm not known to write bad checks this was the first stop payment check I have ever done but I had no collateral in the agreement that we had made so that was my reason for stopping time she know that the funds were not available and so she waited till after 5 o'clock days later after getting the check knowing that the bank would not honor the check . Who would not verify funds on a chair over five are up to $500 we're not talking about a 20 $30 check it would seem to me that she or he would have questioned why she did not take it to the bank when the date was written days almost a week later she deliberately took it after bank hours and though they had no Business with her in the future they just assumed by my name and cash the check the course the check came back it was returned as stop payment it originally was withdrawn from my account until they noticed that the check was stop payment and my funds were replaced by the bank for the air now the liquor store is wanting to file charges against me for the bad check or the stock minute check because they cannot get a hold of her . The lady has been admitted to a mental hospital moccasin been in Chattanooga Tennessee so the daughter offered to pay $50 and $50 a month until February when her taxes to pay the debt of the $500 because of the mental state her mother was in tonight this wr The lady has been admitted to a mental hospital moccasin been in Chattanooga Tennessee so the daughter offered to pay $50 and $50 a month until February when her taxes Ambien to pay the debt of the $500 because of the mental state her mother was in tonight this write. They in return do not want to except payment like this and would rather file legal action against me for payment what grounds do I have my banker is telling me do not pay it you are not obligated to pay it but everything assaying to raid and ask him obligated to pay it even though he failed and assumed that the check was good.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In this situation, the person owes you money, but you cannot exercise self help by cancelling a check. So, your recourse here would be you have to file a suit in small claims court against the person you have given the money to for breach of contract. You can file a small claims suit against the person without any attorney. Here is information for you to use to sue in small claims court in TN: http://www.tncourts.gov/sites/default/files/docs/final_guidelines_and_helpful_info_for_people_in_gen_sess_court_-_may_2013.pdf
Here is information on your small claims court so you can find the court in your area: https://www.tncourts.gov/courts/court-clerks/clerks-list
You have recourse here, but you need to sue the person you have the money to for breaching the agreement with you.