Legal Question in Business Law in Florida

My company issued a check to a lady, who claimed she never received the check. We cancelled it at our bank, replaced the check, and send it next day FEDEX to her. She cashed the first check through AMSCOT check cashing, who is now saying we are liable under Florida statute, to repay them the funds AND an additional fee of $25. We did everything right in this situation, and may possibly be out the funds 3 times now! (IF she cashes both checks AND we have to pay them as well!) Is this legal?


Asked on 9/01/09, 3:20 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

You will have to pay AMSCOT the $25 fee for writing a bad check and maybe other bank fees. But, stop payment on the other check(s) -- immediately. You may sue the lady if she has been unjustly enriched.

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Answered on 9/01/09, 11:26 pm


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