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  1. #1
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Can You Be Sued After Stopping Payment on a Check

    My question involves a banking matter in the State of: Florida.

    Just wanted to make sure there should not be any trouble.

    We had been trying to get into a mobile home subdivision, through a mobile home broker.

    We wrote a check for the application fee on 5/23. During the new few days, when we talked to the broker, the sub was not wanting to accept us. One basis was my age (55+ sub), even though I would be a caregiver to my mom. Then it was IF they let us in, I could not work full-time. She wanted to continue talking to them to try to get us in, but as of 5/26, we told her, in writing that we wished to not deal with the sub any further.

    Yesterday, June 3, I talked to the sub about getting the check back (it had still not been cashed). They said they deposited it on 5/31. I put a stop payment on it.

    I just want to make sure nothing can happen like being sued. Especially as we do not believe they even ran background or credit checks, they were denying us because of my age from the start (they claim lack of income, but all the talks were about my age). Just in case, I printed out the emails from 5/26 telling the broker to stop with this sub.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Be Sued After Stopping Payment on a Check

    Without being able to review the contracts you signed, I cannot advise you as to whether or not they have a claim for the money. For a definitive answer, have the contract(s) reviewed by a real estate lawyer.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Be Sued After Stopping Payment on a Check

    You can always be sued.
    In some cases you may face a criminal charge as well.
    Stopping payment on properly made checks is not the way to resolve contract disputes.
    At this point, follow bullwinkle's advice and see a lawyer.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Can You Be Sued After Stopping Payment on a Check

    I don't think we signed anything with the mobile home park. It would help if my mother knew where the paperwork is....

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