I want to know if someone with legal knowledge can answer this question. I am in Arizona. I used to own a business but closed it down and have been selling my items locally. Someone bought an item and gave me a check. The check was stolen and we have unsuccesfully been able to have the person issue us another check. We even asked for the item back instead and then that would be the end of that, After 10 months, this person says its not her problem.
We already know that this is a moral issue and in good faith she could have placed a stop payment on the stolen check and deduct bank fees and give us the difference with a new check. We asked her to do this 10 months ago.
LEGALLY, can I take her to court and win? THere is no way she can prove that the stolen check was cancelled because it never was. Not by us. If the thieves that stole the check cashed it, then she should provide proof which is easy to do.
*By the way, we had a theft where other things were stolen and the check happened to be in a folder.
Answer by OldJimmy
It is unclear, but I will make the assumption that the thieves did not cash the check. It was just stolen and probably destroyed.
You can take her to small claims court and could possibly win. She would have to prove, by producing a cancelled check from her bank, that the money has been removed from her account. If she can not do that, she will be ordered to pay it.
A stop payment for a lost or stolen check is generally not assessed a fee by the banks. Only if someone wanted to stop payment for buyer's remorse would they consider a fee. So she has no grounds to refuse to do this on the basis of a fee.
If she can produce the cancelled check, then you have to rely on the police to find the culprits and get restitution from them. But also in that case, she can have the check returned to the cashing bank and get the money back in her account (the bank that cashed it is on the hook), which she can then pay to you again.
I'd go after her.
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