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  1. #1

    Default Check Was Cancelled After Services Were Rendered

    My question involves a consumer law issue in the State of: Florida

    My son's girlfriend's grandmother wrote me a check for $350 to trailer her granddaughter, my son and their son to Florida from Buffalo. After about a week the grandaughter decided to move back to Buffalo and leaving her 2 year old son behind with me and my son. Now the grandmother decided to cancel the check after services were rendered and here grandaughter decided to return to Buffalo. What are my rights in this area? I spent over 1,000.00 outside of the trailer just in food for everyone, lodging and gas traveling both ways to make this happen.

  2. #2
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    Default Re: Cancelled Check After Service Rendered

    Why didn't you promptly deposit the check?

    There's always small claims court. Is grandma in your state, or is she all the way across the country?

  3. #3

    Default Re: Check Was Cancelled After Services Were Rendered

    She gave me the check on the 23rd of August and asked me not to cash it until September 1st because she's on Social Security and her check doesn't have the funds until the 1at. Check issued in Buffalo, NY. Do I have a leg to stand on small claims or not?

  4. #4
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    Default Re: Check Was Cancelled After Services Were Rendered

    You had an agreement, she breached it.

    You might also want to look up bad check laws in her state and yours. Might be something there, too.

    Frankly, though, any time somebody says "here's a check, don't cash it until..." that should be a red flag and alarm bell that tells you you'll never see the money.

  5. #5
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    Default Re: Check Was Cancelled After Services Were Rendered

    Quote Quoting Gilbertshideaway
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    She gave me the check on the 23rd of August and asked me not to cash it until September 1st because she's on Social Security and her check doesn't have the funds until the 1at.
    Social Security is paid in the week (first, second, third, forth) of the month that you were born and paid on that week's Wednesday. So unless that Wednesday fell on the first, she was pulling your leg from the get-go.

  6. #6

    Default Re: Check Was Cancelled After Services Were Rendered

    So far you're only stating assumtions based on hypothetical theories not related to my question. Anyone else have any resolve to my concerns?

  7. #7
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    Default Re: Check Was Cancelled After Services Were Rendered

    Quote Quoting Gilbertshideaway
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    So far you're only stating assumtions based on hypothetical theories not related to my question. Anyone else have any resolve to my concerns?
    Oh, so the replies aren't to your liking? Go take your chances in small claims court- as already suggested.

  8. #8

    Default Re: Check Was Cancelled After Services Were Rendered

    Anyone else?

    Here's my question. She gave me a check for service and later cancelled the check. Isn't that fraud by writing a check that didn't forerefill our agreement? If so, I should be able to take her to small claims and be awarded three times the amount, agreed?

    Here's another question. Since my son's girlfriend abandoned her son by leaving him being without a fught, shouldn't my son be awarded full custody?

  9. #9
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    Default Re: Check Was Cancelled After Services Were Rendered

    Quote Quoting Gilbertshideaway
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    Anyone else?

    Here's my question. She gave me a check for service and later cancelled the check. Isn't that fraud by writing a check that didn't forerefill our agreement? If so, I should be able to take her to small claims and be awarded three times the amount, agreed?

    Here's another question. Since my son's girlfriend abandoned her son by leaving him being without a fught, shouldn't my son be awarded full custody?
    As you were told already by adjusterjack, the person may have violated a law or maybe not. You can file a police report if you wish (although the police may do little or nothing about it). Your best bet is to try to recover your loss in small claims. I don't know where you got the notion that you are entitled to three times the amount.

    If you win, you will be awarded what you are owed and maybe filing fees...then you have to collect. Winning is no guarantee of collecting. If she is on Social Security, what do you suppose your odds are?

    Your son should register and ask his own custody questions.

  10. #10
    Join Date
    Jan 2006
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    Default Re: Check Was Cancelled After Services Were Rendered

    Quote Quoting Gilbertshideaway
    View Post
    Anyone else?

    Here's my question. She gave me a check for service and later cancelled the check. Isn't that fraud by writing a check that didn't forerefill our agreement? If so, I should be able to take her to small claims and be awarded three times the amount, agreed?

    Here's another question. Since my son's girlfriend abandoned her son by leaving him being without a fught, shouldn't my son be awarded full custody?
    if she intended on cancelling the check from the onset this would be considered a crime. Otherwise it may or may not be seen as a crime. Call the cops in Buffalo as nobody in Florida has jurisdiction. The check was written and delivered in Buffalo so that is the proper venue and who has jurisdiction.

    That applies to suing in civil court as well. If the Buffalo is Buffalo New York, it will cost you more to obtain a judgment than the $350 and then, unless she has a ton of cash in the bank, you'll never be able to collect on the judgment.

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