wrote a guy that was remodeling my house a check. Then i didnt hear from him for a week, i called him a few times a day but he did not answer so i canceled the check. Today i got a phone call from a check cashing store that we owe them the money. Is this correct?? legally who is responsible for the money? the guy that i still havent heard from or me??
today i got a letter from the check cashing place that says " if the payee was not entitled to the proceeds of this instrument then it should not have been tendered to him/her. In effect there is no legitimate basis for check cashers of texas to stand the loss for you error"
IS THIS CORRECT??
2007-06-20 08:41:40 · 7 answers · asked by john doe 2 in Politics & Government ➔ Law & Ethics
He cashed the check the same day that we canceled it
2007-06-20 08:53:18 · update #1
I must disagree with the first answer. The check cashing company needs to deal with the person it dealt with -- namely, the person you gave the check to. He warranted the check's validity to the check cashing place, and it was invalid because of your prior stop payment. You had no dealings with the check cashing place, so they cannot demand anything from you.
The same outcome would result if the contractor deposited the check in his bank. In that case, the bank would go after him to repay the money, not after you. The check cashing place is coming after you because it can find you, but you have no obligation to them.
2007-06-20 08:54:08 · answer #1 · answered by wolfe_steve 2 · 1⤊ 0⤋
Did you give him money before he did the work? That was dumb... any reputable contractor would have the credit to get the materials for the job himself, and you pay them afterwards, or in stages.
Do you have a contract with the man? If so, check that to see when he does the work, etc. I'm not a lawyer, but my guess is that you owe the check cashing company the money, and you have to collect it from the remodeller yourself. You can sue for it, and get a judgement, but that doesn't mean you'll collect. You can also just try to have him come and do the work, too.
2007-06-20 08:53:03 · answer #2 · answered by Ralfcoder 7 · 0⤊ 0⤋
The check cashing place has to go after the contractor to recover their money, then if the contractor wishes he can come after you. If it worked the other way around, cancelling a check would serve no purpose.
2007-06-20 09:11:35 · answer #3 · answered by Anonymous · 0⤊ 0⤋
the best thing to do is sue the guy for breech of contract on the check you issued then tell the check company that they are going to have to wait becouse the check was canceled and that left me in the clear of the check its the check cashing place fault becouse of a two party check anyway and they should have contcted you and the bank first it sounds like that they have a friend involved in this and got it cashed so i believe you strick back they shut up
2007-06-20 08:50:04 · answer #4 · answered by shane_blythe 1 · 1⤊ 0⤋
Yes. It is correct. If you wish to have your money returned, you will need to sue the person that you wrote the check to in small claims court. However - you can add to this the check fees charged by the check cashing company, as well as your court costs.
2007-06-20 08:47:39 · answer #5 · answered by TriscuitQueen 2 · 0⤊ 0⤋
Was the check cashed before you canceled. But if you canceled the check then they shouldn't of canceled it.
2007-06-20 08:51:52 · answer #6 · answered by Tab 4 · 0⤊ 0⤋
properly if he cashed the verify and took the money devoid of doing the interest then you definately are no longer responsible for something. Why ought to they touch you? You didnt money the verify, they should seem for the guy that cashed the verify to get the money returned.
2016-10-18 04:12:54 · answer #7 · answered by ? 4 · 0⤊ 0⤋