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I did a service for a guy. He asked me to hold a check for him. After two weeks of holding the check I finally deposited the check. Then to come to find out that the guy had put a stop payment on it. Is there any way that I can get my money out of him?
Optional Information: State/Country of Question: Arizona Already Tried: If I were to take him to court what would I need to do to win the case?
Thanks for the chance to assist How much was the check for and why (if you know) did he stop payment? What state is this in?
Here is the jest of the whole scenario. I am insurance agent on the commercial side. I wrote the guy an insurance policy. He asked to hold the check I did. Then he asked to hold the check one more week. Intern on good faith I held it till the end of the week. At that time the insured requested that I look for another carrier. He was having problems getting approved for work, because of the carriers rating. Which I did and got him the same coverage @ the same price. I told the insured, what needed to happen. (Keep in mind this all happens two weeks after binding policy.) He then said that he would call me back. Which he never did. At that time I continued to call him and leave messages for him to call me to let me know what is going on. (three weeks after binding) The following week I find out that he got insurance else where. So, I sent him a letter stating what needs to be done to cancel his policy and that he had put stop payment on the check. That I needed to be paid. He called me back and said that he was not going to pay. He signed the cancellation request, but put another date on there. When sent to carrier the carrier denied the cancellation request and state that they were going to cancel at another date. Due to the laws set up by the state of AZ. I advised the insured of this situation via mail and he called and said that was not acceptable. That he would see me in court.
I have to run and will send this on to a colleague who may be able to assist
Thanks, XXXXX XXXXX
Hi, my colleague asked me to review your question.
You may be able to just call the police/sheriff. If it turns out that the account never had the funds on the date that the check was issued, then your client will be arrested for passing a bad check.
If the sheriff says, "Its a civil matter," then you'll have to sue the client for Fraud, on the theory that he duped you into holding the check while he sought other insurance, so as to maintain insurance for free.
Hope this helps.
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Thanks,