Redwood City, CA asked in Stockbroker Fraud for California

Q: I sold my stock I received the check and cashed the check at a check cashing company. Two days later the check cashing

Calls me and says the check was no good ,Even though the check cashing company called the issuer of the check and verified that the check is good and go ahead and cash the check! Apparently the issuer of the check received a banking notice to direct deposit the funds electronically to my bank, therefore putting a stop payment on the check knowing that it has already been cashed by me! Also my online bank would not let the deposit go through because of it’s large amount,.So now the check cashing company is threatening me to pay or turn me in to the authorities. However the issuer of the check says that an another check has been mailed to me but $500 less than the first check! What do I do here please? And if I need to clarify anything please let me know

Thank you

WH

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the details you've provided, it seems you are caught in a difficult situation due to the actions of the check issuer and complications with your bank. Here are a few steps I would recommend taking:

1. Document everything - Make sure you have records of all communications with the check cashing company, the check issuer, and your bank. Save copies of the original check, receipts from cashing it, and any written correspondence. This paper trail will be important if legal issues arise.

2. Contact the check issuer - Firmly insist that they make good on the original check amount, as you already received and cashed that check in good faith after it was verified. The $500 discrepancy needs to be addressed. Ask for a clear written explanation of why they issued a stop payment after you cashed it.

3. Communicate with the check cashing company - Explain the situation to them, and show them the proof that you cashed the original check with their approval after they verified it. See if you can reach an agreement on delaying repayment to them until you resolve the issue with the check issuer. Assure them you are actively working to resolve this.

4. Consider legal consultation - If the check issuer is unwilling to cooperate or the check cashing company is aggressively pursuing you, it may be wise to consult with an attorney familiar with banking and financial law. An initial consultation could help clarify your options.

5. Be cautious with the replacement check - When you receive the new check from the issuer, get clear confirmation from your bank that they will accept it before attempting to cash it. You want to avoid repeating this situation.

The key is to address this proactively and in writing with all parties involved. Hopefully the check issuer will rectify their error and the check cashing company will work with you in the meantime. If not, seeking legal guidance may be necessary to protect yourself. Document every step to support your case that you acted in good faith throughout this ordeal.

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