Ask Experts Questions for FREE Help !
Ask
    Sadgoat's Avatar
    Sadgoat Posts: 3, Reputation: 1
    New Member
     
    #1

    Dec 18, 2008, 12:11 PM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Dec 18, 2008, 12:16 PM

    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.
    Sadgoat's Avatar
    Sadgoat Posts: 3, Reputation: 1
    New Member
     
    #3

    Dec 18, 2008, 12:24 PM

    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.
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
    Full Member
     
    #4

    Dec 18, 2008, 01:07 PM
    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.
    Sadgoat's Avatar
    Sadgoat Posts: 3, Reputation: 1
    New Member
     
    #5

    Dec 19, 2008, 06:42 AM

    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!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #6

    Dec 19, 2008, 07:39 AM
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Ontario Canada & Collection Agency ?'s [ 10 Answers ]

I live in Ontario Canada and have outstanding student loans from 1998. I am also a discharged bankrupt as of 2002... I know that the student loans are not erased by the bankruptcy. I am dealing with 2 differenct collection agency's. Due to the bankruptcy and now being separated from my husband...

Bankruptcy in Ontario Canada [ 8 Answers ]

Hi I live in ontario canada. I am just wondering.. If you are a full time employee. Can they garnish your wages or will they for that matter.. if you do plan on going bankrupt. And how long does it take to be able to take out a load through a bad/good credit place for ex. A car loan??

Ontario Canada-Debt after death [ 4 Answers ]

Do the laws in Ontario require the children to be accountable to repay their parent's debts after their parent's death? If so, what steps can one take to protect themselves from incurring large debts owed by their parents? Parents have no assets. Children provided and paid for their housing...

After a year has passed on a DUI in Ontario, Canada. [ 1 Answers ]

Do you need to have a breathalizer in a vehicle just to drive again?

What is the Statute of limitations in Ontario, Canada? [ 1 Answers ]

What is the Statute of limitations in Ontario, Canada when a lawyer makes an error in a Real Estate transaction which causes their client to lose money? When I purchased a piece of property back in the 1974’s, the electric, the hydro power and water required an easement to go through another...


View more questions Search