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Sue [bank] for failed stop payment;but payee reimbursed me?

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Latest post Mon, Apr 18 2016 4:24 PM by ca19lawyer2. 4 replies.
  • Sat, Apr 16 2016 9:29 AM

    • david day
      Consumer
    • Not Ranked
    • Joined on Tue, Aug 5 2014
    • CA
    • Posts 18

    Sue [bank] for failed stop payment;but payee reimbursed me?

    I want to sue [a bank] Bank In small claims court for failing to execute my stop payment on a $850 check.

    Let's assume I have a reasonable case against [the bank].From their disclosure it appears that I can sue in small claims court without having to arbitrate.I want to puruse this because [the bank] tried to mislead,dismiss & discourage me from my claim without addressing the legal facts.

    However it now appears that my former landlord, the person who cashed the check, is willing to reimburse me.He asked for a reissue of a check he "lost" & then cashed both checks.

    ------------------------------------------------------------------------------------------

    My question is,assuming I am reimbursed by my former landlord :

    Is it legal to also try to collect from [the bank] on this issue in small claims court ?;

    or to put it another way: Would the judge object to my trying to also collect from [the bank] on this issue in small claims court ?

     

  • Sat, Apr 16 2016 9:44 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,478

    Sue [bank] for failed stop payment;but payee reimbursed me?

    I would say yes.   The purpose of a lawsuit to to make you whole, not double your recovery.

  • Sat, Apr 16 2016 2:03 PM In reply to

    Sue [bank] for failed stop payment;but payee reimbursed me?

    david day:
    ------------------------------------------------------------------------------------------

    My question is,assuming I am reimbursed by my former landlord :

    Is it legal to also try to collect from [bank] on this issue in small claims court ?;

    or to put it another way: Would the judge object to my trying to also collect from [the bank] on this issue in small claims court ?

    It is legal to sue but you would lose as you have suffered no damages from it. Lawsuits are not the lottery; they are not meant to give you something for nothing. They are meant to compensate you for the damages you suffer from the wrongful conduct of another. 

  • Sat, Apr 16 2016 2:16 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Sue [bank] for failed stop payment;but payee reimbursed me?

    drop the case IF Ll actually does pay you....so far it's hot air? 



  • Mon, Apr 18 2016 4:24 PM In reply to

    Sue [bank] for failed stop payment;but payee reimbursed me?

    david day:

    My question is,assuming I am reimbursed by my former landlord :

    Is it legal to also try to collect from [the bank] on this issue in small claims court ?

    It's not illegal, but you'd lose since you'd no longer have any damages to recover.

     

    david day:
    or to put it another way: Would the judge object to my trying to also collect from [the bank] on this issue in small claims court ?

    That's not really the same question and doesn't entirely make sense, but, again, you'd lose because you'd have no damages.

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