Stopped payment on check

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Latest post 01-16-2009 1:49 PM by chloezoe. 6 replies.
  • 01-13-2009 9:48 AM

    Stopped payment on check

    Location: Connecticut

    Did some custom photographic work for a customer who picked up the material Dec. 23rd. Bill came to just under $500.

    Did not deposit the check until the 5th of this month since I was away out of state. Check came back to me this week with a stop payment. Customer never called me to say there were any issues and has not returned my calls either.

    I am lead to believe this is now a civil matter and that I cannot file a complaint with the PD. If this is so can someone explain why? How can someone take something of value and then simply void the payment and walk away. How is that any different from issuing a check from a closed account or an account with no funds. Both actions would seem to be deliberate acts. In fact, the stop payment seems even more deliberate since the person took even further action knowing the end result.

    Explain, please.
  • 01-13-2009 1:18 PM In reply to

    re: Stopped payment on check

    Because if the cops put people in jail for bouncing or putting stop payments on checks, they couldn't use their time for truly important crimes like murder, assault, etc....and we all know they are far from being on top of THOSE crimes!

    It's a matter of priority. If we lived in Mayberry where crime - per se- doesn't exist and a bounced check was the at the top of the crime priority list, it might get the attention of the police. But nobody's going to jail over this here and now.

    You must be new to business...if you intend on doing more, be prepared as this won't be your first bounced check.

    Yeah, people CAN be jerks. Being deliberate doesn't mean the police have time for this kind of thing.

    Your option is small claims court. Good luck.

  • 01-13-2009 4:17 PM In reply to

    Feedback [*=*] re: Stopped payment on check

    You can certainly file a complaint with the police. There is no rule that stops you from doing that. However, there is no guarantee the cops and prosecutor will pursue it. The details are very important; not all stop check cases are crimes. Furthermore, the cops have to make choices where to allocate resources and it may be that they have bigger fish to fry, so to speak.

    You should also consider suing the client in small claims court. It's not very expensive and the proceedings are informal, so you don't really need a lawyer. It can't hurt to try.
  • 01-13-2009 4:51 PM In reply to

    re: Stopped payment on check

    Actually, Connecticut does have a rule that says you cannot if they stop payment. No legal reason is given and that's why I'm posting here.

    What is the rational for it. It seems arbitrary. I see no difference between passing a check you know to be worthless and making it worthless after you pass it.

    And getting to keep the goods/services to boot!
  • 01-14-2009 2:27 PM In reply to

    re: Stopped payment on check

    Considering that one can also freeze funds paid with a credit card in the event of a dispute, I'd hate to do business in CT! You'd have to ask for cash to cover yourself.

    Did you call the small claims court about this rule that stop payments are not eligible for small claims? In many states, it is my understanding that one can sue for 3x the amount for a stop pay check.
  • 01-15-2009 5:02 PM In reply to

    re: Stopped payment on check

    "Connecticut does have a rule that says you cannot if they stop payment."

    I'd sure like to see that in a statute. I find it hard to believe.

    You had a contract to provide a service and get paid for it.

    The customer didn't pay.

    That's breach of contract whether it was a stop pay or a no pay.

    There are civil and criminal penalties in CT for a bounced check. You'll have to look up the statutes to see if that applies to a stop pay.

    I certainly wouldn't rely on anything anybody TELLS me without also being shown where to look it up.

    Can't tell you how many times somebody says "it's the law" and when asked to cite the statute number, the answer is invariably "duh".

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-16-2009 1:49 PM In reply to

    re: Stopped payment on check

    It's possible that a stop payment is not a CRIME, as Ct law may allow it is a POSSIBLE just recourse in a dispute...

    But to dis-allow justice to be decided by a civil court? Doesn't make sense. I'd pursue further, or give up on business in Ct at all.
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