Atlanta, GA asked in Consumer Law, Banking, Civil Rights and Constitutional Law for Georgia

Q: Can a check cashing facility deny to cash your check and then withhold the check from you and not return it to you GA

For any reason because it has all of your personal information on it, but yet they refuse to give it back and threaten to call the police

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In Georgia, as in most states, a check cashing facility has the right to refuse to cash a check for various reasons, such as concerns about the check's authenticity or issues with the account it's drawn on. However, withholding the check from you after refusing to cash it typically isn't permissible. The check is your personal property, and if a service declines to process it, they should return it to you.

If the facility is refusing to return your check and is threatening to call the police, it’s advisable to stay calm and try to resolve the situation diplomatically. Ask for a clear explanation of why they are holding the check and on what grounds they would involve law enforcement.

If this approach doesn’t resolve the issue, you might consider contacting local law enforcement yourself to report that your property is being withheld. It’s also a good idea to document the situation as thoroughly as possible, including the names of the employees involved and any communication you've had with the facility.

In situations where you feel your rights are being violated, seeking legal counsel can be beneficial. An attorney can provide guidance on how to proceed, potentially including legal action to recover your property and address any damages you may have suffered due to the facility's actions.

Remember, each situation is unique, and the appropriate course of action will depend on the specific circumstances and details of your case.

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