Ask a Lawyer - Archive
   
Stop the Stop Payment!
Loretta Salzano

Q. 

Is is illegal to have a check written out to you and a stop payment is made? What would my recourse be if that is done?

-- Anonymous

A. 

It is not necessarily illegal for someone to stop payment on a check. For instance, it is common to stop payment on a check given in payment for products or services that aren't provided as agreed. If the check was given to you for money to which you are entitled, then you have available to you all legal rights to obtain such amount. Such rights include bringing suit in small claims court or otherwise. You claim and rights have to do with your right to the money - not due to the mere issuance of the stop payment.



-- Loretta Salzano

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