i own a convenience store and have a check that has been returned for stop payment, what are my options?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 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.
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