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  1. #1
    Join Date
    Jul 2009
    Posts
    12

    Exclamation Someone Paid Me for to Do Work for Them, then Canceled My Check

    My question involves court procedures for the state of: Kansas

    I was working for a woman helping her son to clean the outside of her home after the city stepped in because of the 2 decades of neglect..

    She wrote a check for both myself and her son to pay us, and I cashed it that day.

    Before the check reached her bank, she stopped payment on it.
    This caused my account to be overdrawn for most of the amount of the check, and now she is claiming, despite writing it in front of her son, her granddaughter, and myself, that she did NOT make that check, she did not SIGN that check, it is NOT her responsibility, and she WILL NOT pay it. I've managed to cap the overdraft fees with the bank, while I resolve this issue, but how can I fix this? I think this might be check fraud, but I really don't know.

    I've been told that perhaps a civil or small claims filing might be the best thing to do, but I know nothing at all about this.

    I'm also underage (16) , so I'm not even sure I can sue her myself.. What should I do?

    Any advice or knowledge you can share with me would be very much appreciated.

    ADMINISTRATORS; if you feel this could go in a better place, PLEASE by all means feel free to move it there, and forgive me for misplacing it.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Someone Paid Me for to Do Work for Them, then Canceled My Check

    Improperly stopping payment on a check is fraud. It can be criminal fraud. But next time, go DIRECTLY to the bank the check is drawn on and cash it at the window. Don't deposit it into your account. But how do you have your own checking account anyway? Never mind.

    You said you cashed it. NO, you apparently did NOT. You deposited it into a checking account. Learn to use the right terminology. Silly person. Also, if you must deposit a check like that, make a photocopy of it first. Ask the bank, they will often do it for free.

    The bank must cash a check drawn on it if there is enough money. They can require two forms of photo ID and take a thumb print, but they must cash it. You must have ID if you have a checking account.

    Go to the police with your parents. They can have the handwriting examined and talk to the witnesses. Were there any witnesses you know, not related to her, that saw you working there? Let the police know. Also file a police report immediately to protect yourself from forgery charges. Many people do not know that stopping payment on a check without good cause can often be a crime.

    Later on you and your parents can sue in small claims for the amount of the check and all the overdraft and return fees. Also check your states check statutes, you might be able to get three times the amount of the check. Be certain you keep all the paper work from your bank.

    She should NOT be allowed to get away with this under any circumstances.

    OH OH, just thought of something GREAT. You said she wrote a check to her son. I assume she did not stop payment on that. The police can get a copy of it. It will be the next or previous check number and the exact same handwriting. That will fry her good. The police should also ask to see her check book and they will see that no checks are missing, so she can't claim her checkbook was stolen or something. Finally did she write the checks into her check register or did she have checks with duplicates/carbons? Make sure to tell the police if you noticed and have them check that too.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Someone Paid Me for to Do Work for Them, then Canceled My Check

    It sounds like this woman is not mentally competent.

    Did she involve the police, or simply stop payment on the check?

    You're correct that you will have to get your parents to help you sue, should you pursue recovery in small claims court.

    You're sixteen - this is one of those special "checking accounts for minors" that your parents helped you set up?

  4. #4
    Join Date
    Aug 2009
    Posts
    9

    Default Re: Someone Paid Me for to Do Work for Them, then Canceled My Check

    talk to the woman first, you'll prob resolve the issue faster that way, who knows you might have forgot to do something or other, she's mad and old so just cancelled the check, if you talk to her and she's being ridiculous and just flat out ripped you off, call the police and you can file a report, that'll show her (make sure you can prove you did the work - witness maybe).

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