Tuesday, February 25, 2014

I gave a check to someone for work that was done for me on a car and after I took position of the car I found out that they did not complete...

Question

I gave a check to someone for work that was done for me on a car and after I took position of the car I found out that they did not complete the work and told me they did the work I confronted then in a text and after awhile they told me they did not do the work in a text so I stopped payment on the check , they took the check to a currency exchange 2 weeks after that knowing it had been a stop payment put on the check now the 3ed party is threatening me with a law suit under "holder in due course" do I have anything I can do not to pay this check.



Answer

The threat from the currency exchange is likely merely a threat; it will not

file a lawsuit unless the check is very large. They will also threaten the

person who cashed the check. Do not pay it. You have a defense regarding

the contention it is a payment in due course.



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