Quote:
Originally Posted by rjm1cc
This might help Florida Statutes 674.403 – Customer’s right to stop payment; burden of proof of loss >> LawServer
If your bank refused to honor the stop payment I think I would contact the state department that governs banks and discuss.
A stop payment would not be of any value if the person had to present the check at your bank. Normally he would deposit at his bank and your bank would refuse the check. Thus my assumption is your bank should reject the check and it does not matter where he originally cashed the check.
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If the contractor presented the check to the check cashing company prior to the stop payment order being issued, the check is valid. When a stop payment order is issued, other banks and check cashing businesses are notified that the check is no longer valid, and it is their responsibility to check the database of stop payment orders before cashing any check. But, if the contractor presented the check after the stop payment order was issued, then the check should not be paid. The only way a stop payment order works is when it is issued before the payee cashes the check.