i own a convenience store and have a check that has been returned for stop payment, what are my options?

UPDATED: Oct 1, 2022

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i own a convenience store and have a check that has been returned for stop payment, what are my options?

returned check for stop payment

Asked on February 21, 2019 under Business Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) You can sue the person for the money: he is obligated to pay you so long as you provided to him whatever you were supposed to provide in exchange for the check (e.g sold him whatever he was buying; or if he was cashing the check with you, provided him the money). You sue for breach of contract (violating the agreement, even if only oral or unwritten, underwhich you agreed to give him something for the check) and also "unjust enrichment," or taking/accepting something he knew was only given to him in exchange for money without paying for it.
2) If you believe that he never intended to pay, you could also look to press charges for fraud. If you think he never had the funds for the check, that may also be passing a bad check.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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