If I wrote check to someone and they managed to cash it after I stopped payment, what will happen?
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If I wrote check to someone and they managed to cash it after I stopped payment, what will happen?
My hair stylist really messed up my hair after I gave her a chance to fix the first color mistake that she made. Needless to say she completely fried My hair and it came out purple and pink. When it was suppose to be red and blonde. So I stopped payment on the check I wrote to her. She cashed it at her work (a gas station) instead of her bank. Will that fall on me or will they make her pay it back if she was the one they gave the money to?
Asked on July 26, 2014 under Business Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
It's not her fault the check was cashed--she did everything right (i.e. she tried to cash a check she was given). It's also not the gas station's fault--they have no way of knowing the check was supposed to be stopped.
Unfortunately, if she cashed it before the stop was fully implemented--which is not instantaneous--then it's your loss; stop pays are not perfect and this is a risk of them. However, if your bank failed to put the stop payment in place in a timely manner--i.e. they got careless--then you might be able to recover from the bank, but doing so could easily take more time, effort, etc. then it's worth.
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