Who pays for stop payment on a check that wasn't received?

Question

I live in California. I haven't received a reimbursement check from the company who administers my employer's supplmental benefits program. Their records show that they issued the check, but I haven't received it. This has happened on several occasions, and the last time I was asked to absorb the stop payment fee, which I refused to do. This is a problem along with habitually losing claims (which I fax, so I can prove they received them).

Is there a legal basis for me to refuse to pay the stop payment fee? If so, can someone refer me to the code? I assume it is the sender's responsibility to ensure that the payee receives payment, but I'm not sure.

Thank you!

Answer 1

It is their legal responsibility to get you the check. If you didn't receive it, then it is their problem.

They could issue another check without stopping payment on the first one. Then they could sue whoever cashes it (and have them arrested). It is their choice.

Answer 2

It is always the issuer of the check that is responsible for the stop payment fee of the check.

The only exception would be is the sender sent the check by a traceable means (certified mail with a return receipt) and could prove the receiver actually received the check; then the sender could argue that the receiver lost the check and is liable for the stop payment fee because the receiver lost the check.

Continue to deny in writing not paying a stop-payment fee and demand they send the next check certified mail; if they don't or refuse, it continues to be on them, not you.

Answer 3

I'm trying to understand your question. Your company submits a payment to a company that reimburse you, but you sometimes don't get the check?
If that is correct. I'd go to your employer first. They are the responsible party if I'm reading your question right. They should be dealing with the issue.
Now, stop payments are changed to the person or company who stops the payment. Not the receiver of the check because you can stop payment on someone else check.

They can also look to see if it is lost or endorsed by someone else. I really don't see the problem. Except they are changing you to stop payment on the check they sent. My bank charges $20.
If you are having problesm they can track your check that they send you as we do packages. $.55.
Again go to your employer first. I don't know of any no code on who "pays "check stopping. So, you are out of luck, unless maybe a state or government type checks has some rule. Check with them. Good luck. Oh don't get a lawyer that will cost you.

Answer 4

You are not required to pay for the stop-payment fees. It is obvious that the company sending the checks (if indeed they are actually sending them) has some serious problems in their administration office. I would suggest contacting HR at your place of employment and complain about this since they are the one who has a contract with the claims company.

Answer 5

It is not your responsibility to bear the cost of stop payment fees. They howeverdo have a responsibilty to pay you, and if they withhold payment, they can be sued. Tell them quite simply that they must reimburse you immediately, without deduction, or you will report them to the Atty Generals office, and file suit in small claims court, and include the court costs in your dispute.

Answer 6

The bank charges the issuer of the check since they are the ones authorized to cancel it. If they have a clause in their agreement with you that you pay, that is on an individual contract basis.

Answer 7

You need to ask an attorney.

You should find out if your checks could be sent via electronic transfer.