Legal Question in Civil Litigation in New York

Stop Payment on a check

I had a tenant that gave me a check for her monthly rent and before I had a chance to cash it she decided to put a stop payment on it.I took her to court and had her evicted for nonpayment of the rent. I won a judgement for back rent. My question is can I legally cash the check after 6 months without facing any criminal charges?


Asked on 1/19/07, 1:34 pm

1 Answer from Attorneys

David Simon Hogan & Rossi

Re: Stop Payment on a check

If a stop payment order was placed on the check, you still cannot deposit it. However, if you have a judgment for the rent arrears, you need to file it in the County Clerk's office to make it "of record". You have a check with a bank account number on it, so your first step is to freeze the account and see if there are sufficient funds to satisfy the judgment. You need to have an attorney issue an "Execution With Notice to Garnishee" to the bank with a notice to the tenant. That will freeze the account. Or deliver a certified copy of the judgment to the local County Sheriff (or City Marshall if you live in a City that has such a department) and let them know the bank account information. The bank will hold the funds until the marshall or sheriff comes to collect. This is technical stuff - I highly recommend you seek the services of a veteran collection attorney or deal directly with the sheriff.

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Answered on 1/19/07, 1:45 pm


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