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It's a crimeThis may be considered "negotioating a worthless instrument." That is a crime that in most jurisdictions is tantamount to theft. If the recipient of the check or district attorney or attorney general in that locality presses charges, you may be arrested and face criminal penalties if convicted.

Stopping payment on a check is not always a criminal offense. State laws determine when such action constitutes a violation of the criminal statutes. Generally, charges can be filed when the person stops payment on a check with the intent to defraud, for example writing a check when one is aware that there are not sufficient funds in the account.

There are many legitimate reasons to stop payment on a check, the check is stolen or misplaced, the check is post-dated, the check is 180 days or more old, and so forth.

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โˆ™ 2014-05-09 21:21:25
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Q: What legal action can be taken against you if you stop payment on a check?
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Related questions

Is it legal to cancel check after been given?

It depends on the situation. Yes - If a check is lost or stolen then it is perfectly legal to cancel it No - If you have given it as a means of payment for some goods or services and you owe the other party money. In this case, the other party will not get paid the money and they can initiate legal action against you for not paying them.

Is it legal to put stop payment o a check?

Yes. It is perfectly legal for the person who issued the check to put a stop payment on it. However, if the check was issued to pay for some goods or services offered by someone or for a loan, the receiving entity also has a legal claim and hence can file a police complaint against you for not making the payment. So, you need to talk to the person to whom you gave the check to settle the amount amicably before you issue the stop payment.

What do you do if you have a returned check?

It depends on who you are... If you are the one who issued the cheque then: You can make an alternate payment to the payee to ensure that he does not initiate a legal proceeding against you. If you are the one who received the cheque then: You can request the cheque issuer to re-issue the payment, which if he fails to do so, you can raise a legal proceeding against him.

What are your legal rights if someone cashes a check with your name on it?

You are the legal owner/payee of the check and if someone else cashes it, it is a crime. You can raise a legal complaint against the person (if you know who did it) or if you don't know who did it, you can raise a formal complaint with the bank and they will help you identify the fraudster and then you can raise a complaint against them. You have the right to claim the payment that was due to you through the check.

Can you stop payment on a check if its going to over draw your account?

Yes, you can do a stop payment. However, the bank where you issue the stop payment will charge a fee for doing so. Plus, the person to whom you gave the check can sue you for non-payment of money and file a legal complaint against you to the police. This can cause you to be arrested.

Can I take legal action against a noisy neighbor?

You can take legal action against a noisy neighbor. You can file a nuisance law suit. Before you attempt this, you should check to see what the noise regulations are in your area. This way you will know if the neighbor is in fact breaking these rules.

What does it mean to take legal action?

Legal action mean to initiate legal proceeding against the person who is liable for the act due to which you have suffered.

Is it legal to stop payment on a check that is going to overdraw your account?

It is legal to do so as long as the reason for writing the check in the first place was not fraudulent, and as long as you promptly take other means to make good on the payment.

You refused to take advocate's legal notice Will they take action against you?

No. There is no immediate action for not taking advocates legal notice but there is every possibility legal proceedings may be initiated against you in the appropriate court of law.

What is a separate legal entity?

A business has a separate legal identity from its owners. It can start legal action against another business or individual in order to protect itself. Other businesses and individuals have the right to take legal action against the business.

Who is responsible for a check after a stop payment is put on it?

If the person issueing a check puts a stop payment on it, the person or business to whom the money is owed has legal recourse to sue.

What if your spouse is in arrears for child support?

You should send him a notice through your lawyer and tell him that he is already is behind in payment of child support. And that legal action will be taken against him if he doesnot pay up.

A person who brings legal action against another?

..... is called the PLAINTIFF.

How far behind can a noncostodial parent be before legal action can be taken in Ohio?

You can take legal action once 1 payment is missed in Ohio. The person required to pay the child support can be charged with a first degree misdemeanor offense for their first charge of non-payment.

Can you deny a bank loan after receiving the check?

Yeah, if you do, the bank would issue a stop payment on the cheque. If you try to deny after encashing the cheque the bank would file a legal case against you

Is it legal for a company to put you on an action improvement plan earlier then the company norm because you are pregnant?

It is not legal for a company to take any action against you because you are pregnant.

Can an individual get into legal problems for stopping payment on a check after not being serviced correctly as a consumer?

Yes, it is possible. The company may take you to court and/or file a lien against you. The proper place for contesting the payment would be, first with the company itself, and if no satisfaction is reached, take them to court.

What is writ of habeas corpus?

Legal action taken against a citizen to bring them to court.

World of Warcraft private servers?

They are against the ToU, and will get your account banned. Plus blizzard can take legal action against you.

Is it legal for a credit card debt collection co to ask for payment over the telephone then ask you for your routing number and checking account information?

It's completely legal, if you've agreed to make a check payment over the phone. They can't take the payment without that information.

What can you do if someone gives me a check and then put's a stop payment on it?

You can do either of the below things:Contact the person who gave you the check and ask them to re-issue a fresh checkIf they refuse to re-issue a check and they owe you money, you can file a legal complaint against them for fraud or non-repayment of money with the law enforcement authorities (cops)

Can you stop payment on check for used car?

Certainly, although to do so could place you in serious legal difficulties.

If you cosigned on a loan and they are constantly late on their payment can you take legal action and ask that she refinance the car?

Nope... You signed a binding contract.

What do you call a pirate who turns against their captain?

There aren't any specific legal terms for that action.

What happens when you bounce a check in Indiana?

Im pretty sure its the same in every state. You would be charged with a return check charge by the company you gave the check to and your bank could charge a fee daily for the insufficient funds. Of course legal action could come about if you wrote a check knowing all well you are receving goods with NO intension of honest payment...