In court, can a cashier check act as proof of payment?
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In court, can a cashier check act as proof of payment?
I’m moving and I was told to make the payment in money order or cashier’s check. I asked them do they provided written reciepts as well and I was told they give copies of payment received initialed and signed. I have paid with a money order before and was told that was not legal proof of payment and could not get my money back because she did not issue me a receipt. When I seeked legal advice from a deputy sheriff and I just walked away. I really don’t want to be out in the streets or out of money because they don’t issue written receipts.
Asked on September 10, 2019 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A copy the check by itself is not proof of payment, since that only provers you bought or took out the check. A cashier's check is actually not good proof of payment unless you after it is cashed have the bank trace who cashed it, because again, buying the check only shows that you purchased it--it doesn't prove you gave it to anyone.
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