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  Home >> Checks/Money Orders >> Checks You Wrote  
Can Payee Keep Cash From Stopped Check?

Recently, I wrote a landlord a check for $1033.33. We decided a day later not to take the apartment. I informed the landlord; told him I put a stop on the deposit check. He went to my bank and somehow was able to cash the check, even though I had a stop on it. The bank is aware of the teller's mistake and is working on it. Does the person cashing the check just get to keep the funds as a bank error?

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If your bank reimburses you for the check, it will be able to step into your legal position. It can pursue the payee of the check to recover the amount, if you would have been entitled to a refund yourself from that source. But if the deposit check was not refundable under the purchase contract, the bank would then turn around and be able to pursue you for the check amount, to prevent a loss to the bank and to keep you from being unjustly enriched. Stopping payment on a check does not always mean you won't have to ultimately pay what you owe.

Published on BankingQuestions.com 4/27/09