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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I stopped payment on a $7110 check because the company I

Customer Question

I stopped payment on a $7110 check because the company I paid did not get rid of the animals in our attic as they guaranteed. My bank charged me the $30 fee but the check went through and was not stopped. Do I have legal recourse ?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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How soon did you put the stop payment on the check after issuing it?
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Are you asking if you have a recourse against the bank or against the company?
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thanks
Barrister
Customer: replied 1 year ago.
Yes, I stopped payment on it a day or so after I gave it to them . It was post dated the 20th of May. The $30 fee was charged on the 19th to stop the payment but the check went through anyway on the 21st.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
I would also like to know if I have legal recourse against Critter Control who charged us $10,000 guaranteeing we would be free of animals in our attic for life if we continue to have problems. The $7110 was the second check!
Customer: replied 1 year ago.
You can call my cell(###) ###-####or if you can't reach me on that number (we have horrible cell coverage at home) you try our home number(###) ###-#### ***** Ann Houghteling
Expert:  Barrister replied 1 year ago.
Ok, I would opine that the bank could be negligent and in breach of contract in allowing the check to go through in the first place since you entered into a contract with them where they charged you to stop payment and then failed to do so. With that said, if you have to sue the company for a refund of your payment since they have failed to perform as agreed under the contract, I think that you can hold the bank liable for any attorney fees you have to expend in recovering your money.
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Had the bank stopped the check as agreed, then you wouldn't have to incur any costs to recover the money that they negligently and improperly paid out in breach of the contract.
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As for the company, if they still haven't performed as agreed, you could sue them for breach of contract as well for a refund of any money that a judge feels that you are entitled to receive based on them not performing as contracted for.
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You are going to need to talk to a local civil attorney about this as it would be over the small claims court limits. But since this is the bank's fault with regard to the check situation, the judge should award your attorney fees as part of any damages if it gets that far.
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But typically, once you get an attorney involved, things will settle because they dont' want to get sued, have to hire an attorney for several thousand, get dragged into court, and then potentially lose in court with all the publicity.
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thanks
Barrister

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