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    stephanoodle's Avatar
    stephanoodle Posts: 2, Reputation: 1
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    #1

    Dec 6, 2006, 10:38 AM
    Stopping payment or freezing a personal accout (not by creditors)
    Okay - I'm in a pickle with my best friend. LONG STORY - she was living with a guy and kicked him out last week. They took her off their joint account and she hadn't had a chance to open a new one and rent was due. She deposited her whole check into HIS account and he immediately wrote a check for the rent and they mailed it off. THEN Saturday night he came to her house and beat the tar out of her and she had him picked up by the police. NOW he's saying that he froze his account so the check wouldn't go through? Can he do that? If he can, legally is there anything she can do about it? If the account is frozen (which he claims) and the check was written before, will it still go through?

    Thank you for ANY help you can offer.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Dec 6, 2006, 11:02 AM
    If he stopped payment or froze the account before the check cleared, then yes, he can. If she deposited her whole check, she will have to take him to court to get the money back.

    Not sure where that puts you in a pickle, but she should inform the landlord immediately that the check may bounce. And make arrangements to make good on it.
    stephanoodle's Avatar
    stephanoodle Posts: 2, Reputation: 1
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    #3

    Dec 6, 2006, 11:09 AM
    She did deposit her entire check so I suppose she is probably about to be evicted :( if they continue to send the check through, won't he be responsible for the fees?

    Quote Originally Posted by ScottGem
    Not sure where that puts you in a pickle, but she should inform the landlord immediately that the check may bounce. And make arrangements to make good on it.
    It puts me in a pickle because she's my best friend and she was beat by her boyfriend and I'd like her and her son to not be homeless!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Dec 6, 2006, 11:16 AM
    First eviction doesn't go through that quickly. If he stopped payment or froze the account and that causes her hardship, she can sue him not only for the money she deposited but for any expenses incurred (like fees) as a result of the freeze.

    So, like I said, she needs to inform the landlord immediately. She then needs to come up with the rent. If you are that good a friend maybe you can lend her all or part of the rent (if you do, I would get it in writing).
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