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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We issued a paycheck to an employee several months ago. He

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We issued a paycheck to an employee several months ago. He cashed it at a check cashing place. The check cashing place called and said it was returned as NSF. I called our bank, the bank said it was never presented for payment. I faxed that back to the Check cashing place. After two months of not hearing from them, they have, these last two weeks been calling daily, leaving messages. I faxed again my response. It has not stopped their calling. Any suggestions? I don't want to issue a check to them as the original check was a payroll check. It has not cleared our bank. I don't know how to proceed :)
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. At this point, you are unsure if the check-cashing place made a mistake, or, simply are attempting to scam you, or what. However, they do not seem to be getting the message. At this point, individuals in your situation may wish to send a certified, written letter what states that either they leave you alone, or you will file a restraining order. This normally works. Allow me to provide a sample letter below:

Dear ___________,

Our company is in receipt of your continuous requests to "honor" a check that was issued to ____ on ____ and cashed at your place of business on ____.

Please note that as stated previously:

1) This check has never been presented to our bank for payment. Please see a letter from the bank with this correspondence; and
2) We would be glad to honor the check if it was ever presented.

At this time, the mistake must be yours. The check never cleared our bank. Your continuous, daily, harassing calls are not welcome. Either you stop, or we may be forced to file a restraining order and/or a declaratory judgment in Court in regards XXXXX XXXXX matter under Ca. Code Civ. Proc. § 1060 et seq, and seek damages and legal/attorney costs.

This matter is now considered closed.

Sincerely,

Signature

Name


A letter from an attorney's office is best, XXXXX XXXXX can also write something one's self. This may scare them into actually ceasing the contact in fear of litigation.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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