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-   -   Ontario Canada- Cashmoney pursing legal action for stopped cheque (https://www.askmehelpdesk.com/showthread.php?t=293585)

  • Dec 18, 2008, 12:11 PM
    Sadgoat
    Ontario Canada- Cashmoney pursing legal action for stopped cheque
    I wrote a cheque for approx. 900$ to #?%!#, but then stopped payment on it due to poor quality work.
    #?%!# then cashed it at Cashmoney.
    Now Cashmoney is threatening legal action for the money.
    Under a little know law,(Bills and exchange law) I am liable for it as well as #?%!#.
    Does anyone know if they will really purse this?
    Thanks.
  • Dec 18, 2008, 12:16 PM
    Fr_Chuck

    Why did you write #?%!# the check to start with if the quality was bad.

    Did you write itand intend to stop payment at the time you wrote it.

    Normally they can only go after the person who cashed it, unless they can show a fraud on your part in writing it to start with.

    Now the person that you wrote it to can sue you for the money.
  • Dec 18, 2008, 12:24 PM
    Sadgoat

    Goggle 'money mart stopped cheque'
    And you'll understand the situation better.
    It was settled up in cash after the cheque was stopped, so he has now been paid twice, once by me, once by cashmoney.
    His work was , I discovered after he was paid, so the stop payment.
  • Dec 18, 2008, 01:07 PM
    Justice Matters
    Mr. #?%!# has been paid only once - when Cash gave him cash in exchange for the cheque.

    Cash has not been paid at all since you stopped the cheque that had been handed over to them by Mr. #?%!#.

    The Bills of Exchange Act allows the holder of a cheque to sue the maker of the cheque if it cannot be honoured.

    Both Cash and Money Mart routinely sue both the maker of the cheque and the person who exchanged it for cash in the Small Claims Court. We are not certain what their minimum threshold is but we have seen them sue on amounts as low as $1,100.00.

    Even if legal action does not follow the aforesaid companies will likely list the event on your credit record which could prove to be a problem in the future for you.

    If you cannot work things out with Mr. #?%!# then your best defence in the circumstances may be a good offence. Specifically, you file a lawsuit against Mr. #?%!# and advise Cash of same with the promise that once the matter is concluded you will settle up with Cash.
  • Dec 19, 2008, 06:42 AM
    Sadgoat

    Mr. X?%!# was paid twice. I stopped the cheque, then paid cash but a little less than the cheque was for. Then he cashed the cheque and was paid by cashmoney!
  • Dec 19, 2008, 07:39 AM
    JudyKayTee
    Quote:

    Originally Posted by Sadgoat View Post
    Mr. X?%!# was paid twice. I stopped the cheque, then paid cash but a little less than the cheque was for. Then he cashed the cheque and was paid by cashmoney!



    This gets more complicated as you add "details."

    You are going to be pursued for the stopped check. Apparently Mr. X was paid twice - once by stopped check, once in cash, so, again, you have to move against him.

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