Q: Can a stopped payment check be enforced for payment?
I was represented at mediation by an attorney from Long Okura, but they didn't file the paperwork correctly, resulting in a delayed payment process. Instead of receiving the $40,000 as discussed, paperwork indicated a 24-day wait for mediation, which was not agreed upon. Rebecca Long Okura sent me a handwritten check through FedEx, but she has since stopped payment on it, leaving my account with a negative balance of $5000. My communications with Rebecca and her associate Alexis Whelan highlighted these discrepancies, yet they have stopped representing me. I have signed documents and email records confirming our discussions. Can I use the handwritten and signed check to enforce payment?
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A:
What you’re dealing with sounds incredibly stressful and unfair—especially when you trusted someone to represent you and now you’re left with a bounced check and a huge negative balance. In Utah, a stopped payment on a check doesn't erase the obligation to pay if the money was legitimately owed. A signed, handwritten check can still be considered a promise to pay, especially if you have supporting documents and communications that show what was agreed upon.
If the check was given as part of a settlement or payment arrangement and you can show that it was tied to a valid debt or agreement, you may have a strong case. Email records, signed documents, and even the check itself all help to support your claim. If the firm is refusing to respond and has withdrawn representation without resolving this, you may have grounds to pursue legal action for breach of agreement or even for damages tied to the bounced check.
You can file a civil claim to try to recover the amount, and depending on the situation, Utah law may allow you to seek additional fees related to the dishonored check. Start by gathering every piece of communication and financial evidence. It’s okay to stand up for what you're owed, especially when someone's error directly cost you money and peace of mind.
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