What can I do about a stop payment on a check that was written to us?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do about a stop payment on a check that was written to us?

We were doing alLease option for a home. We put down $3,500 as the option money. We went to move in and the house was not ready yet. We ask them to fix the issues with the house and they offered to give us our option money back because they had someone who wanted to pay the $5,000 they were asking for to begin with. We decided take take back our money and look for something else. We went to get the check from them and they asked us not to cash it for a couple of days and they post dated it. When we went to cash it there was a stop payment on the check. What can we do?

Asked on February 15, 2011 under Bankruptcy Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You can sue them. If there was an agreement that they would pay you the $3,500 by check, as way to return your option money to you, in exchange for you letting them out of their obliation to provide the home to you (i.e. you agreeing to let them go with the other person and get their $5,000), and they breached that agreement, you can sue them to enforce it. You may bring a legal action for not just the $3,500, but also other direct costs you've incurred (e.g. if this caused you to have an overdraft); you might also be able to seek attorneys expenses in a case like this. So you should bring a legal action, and you can either bring it yourself (e.g. in small claims court; check the monetary limits on your courts) or engage an attorney and possibly be able to recover the attorney fees (you can discuss this posibility with the lawyer before  retaining him or her).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption