How can I get back my check or money from a check cashing store?

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How can I get back my check or money from a check cashing store?

I have received an insurance check of $25,000 payable to my late father’s estate. I thought that I was the beneficiary. So I went to a check cashing store . The store verified my documents. They told me everything looked great and advanced me $5000 in money orders and gave me a receipt to come back next day and pick up the balance. I deposited the checks into the bank. The next day they called back and said they made a mistake and put a stop payment on the money orders but they ddeposited the insurance check and now its cleared but refuse to give me the money. What do I do?

Asked on June 16, 2011 under General Practice, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Oh boy. I am so sorry for your loss.   Ok, did your Father have a Will?  Who is the personal representative of your Father's estate, either the executor in the Will or the administrator in a proceeding without a Will filed in Probate Court?  That person has the authority to bring suit against the check cashing place to get the money back. You need to file a proceeding in probate court to have someone appointed as the personal representative.  You may want to consider an attorney to help you with all of this.  In the mean time, call the state attorney genera's office and file a complaint with the consumer fraud division against the check cashing place.  Good luck to you.  


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