Legal Question in Credit and Debt Law in Pennsylvania

Can you have a stop payment put on a check if you don't have funds to cover the amount

Asked on 7/12/11, 12:36 pm

1 Answer from Attorneys

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Yes. But this raises the question of why you don't have funds to cover the check and why you issued the check in the first place knowing that you did not have the funds.

Your stop payment directive has to be given to your bank BEFORE the check is presented to your bank. You can call the bank, but I would follow it up with a written stop payment order.

If its too late, your bank can decide to honor the check (maybe they will if you have overdraft protection) or else dishonor it. If the check is dishonored, then you are going to be charged NSF (iNSufficient Funds) fees by your bank. The person you gave the check to may also charge you fees for a dishonored check.

Also, did you induce a merchant to give you goods or services knowing that this was a bad check? If so, this may expose you to criminal charges.

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7/12/11, 5:30 pm

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