Legal Question in Consumer Law in Florida

Third party checks

Here's the ''Reader's Digest'' version:

I issue a check to my lawn man who tries to cash it at my bank and they refuses to cash it.

Instead of returning the check to me, he cashes it at a convenience store.

The check is returned to the store with a ''stop payment'' for which his bank charges $35.00 to his account.

Although, in this case, my bank admits it was returned due to a banking error, who is ultimately responsible for paying $35.00 to the store owner?


Asked on 2/13/03, 10:01 am

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Third party checks

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorneys individualized advice for you. By reading the Response to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE:

I recommend you paying and then telling your bank to reimburse you for the wrongful dishonor of the check.

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Answered on 2/13/03, 11:34 am


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