Legal Question in Banking Law in Georgia

payment of check

am i responsible for paying for a check that i cancelled after it was cashed at a check cashing place; the check never cleared my bank. it was written on a friday late afternoon and cashed a few hours later. the work was never performed nor did i ever hear from the contractor again. i cancelled the check first thing monday morning, my bank told me that it had not been presented to them yet, so i was able to cancel it. now the law office for the check cashing place is demanding that i pay them the amount of the check. i told them that services were never rendered and i shouldn't have to pay for something that never took place. i looked up the georgia banking code and tried to decipher it (11-3-302 thru 310) not sure what to do. why should i have to pay for something that was never done? am i responsible to pay for this so called debt? am i being harassed by this law firm for payment that they know is not due by me? please, someone assist me, thank you.


Asked on 8/14/07, 8:05 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: payment of check

Stopping payment of a check only means that you have instructed your bank to not pay it - it does not relieve you of any debt or other problems that may arise from you writing the check, or stopping payment. Your risk was that the check would be cashed, and obviously the check cashing place is not going to be concerned about the contractor doing work for you. That is not their business or problem. They simply have a bad check and are generally entitled to get the money. Your claim is against the contractor.

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Answered on 8/14/07, 8:28 pm


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