How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110391
Experience:  Attorney experienced in commercial litigation.
Type Your Consumer Protection Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I had a company cash a check that was not made out to them.

Customer Question

I had a company cash a check that was not made out to them. When I notice the withdrawal from my account I contacted the bank, the bank told me to contact the company and ask them reverse the charge. The company said they would but when I checked back with the bank nothing had been done so I put a stop payment on the check. A week later the company returned money to me. 3 weeks later I received a collection notice asking for amount of the check plus 20 for a stop payment fee. How should I respond this company fraudulently cashed a check that was never due to them and now they will ruin my credit and make a profit from this
Submitted: 21 days ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 21 days 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.
Legally, if they had no right to cash the check you need to inform them that they had no right to cash the check and they committed fraud and you need to send them written notice to cease and desist contacting you and that if they report this to any credit bureau you will pursue them for violation of the Fair Credit Reporting Act and for defamation/libel for falsely reporting that you owe money when they fraudulently cashed the check.
Customer: replied 18 days ago.
How do I return the funds they subsequently sent me? They have not contacted me about this and I don't where these need to be sent
Expert:  Law Educator, Esq. replied 18 days ago.
Thank you for your reply.
You need to contact the company itself that owed you the money and you need to inform them that had they followed your instructions there would be no stop payment fee for them because they had no right to cash the check and you need to get their information to return their money they sent you over your original amount you had refunded by your bank.

Related Consumer Protection Law Questions