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13 Δεκ 2021 · If an individual has been issued a check and the payment was stopped on that check, the individual may be able to sue for damages. An individual will need to file with the court and they will need to provide evidence regarding both the check and their losses.
Definition of Stopping Payment on a Check. Under Section 832.041, Florida Statutes, stopping payment on a check, draft, or other written payment order can be charged as a criminal offense if the check was issued and payment was stopped with the intent to defraud the other party to the transaction.
(a) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to ...
(1) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer’s account or close the account by a written order to the bank describing the item or account with certainty received by an officer of the bank during a banking day and at a time and in a manner ...
A stop-payment order is effective for six months and is binding on the bank only if it is in a dated, authenticated record that describes the item with certainty. A stop-payment order may be renewed for additional six-month periods by an authenticated record given to the bank within a period during which the stop-payment order is effective.
(3) The bank may be liable to its customer for the actual loss incurred by the customer resulting from the wrongful payment of an item contrary to a valid and binding stop-payment order or order to close an account.
12 Ιουλ 2015 · The answer lies in the Uniform Commercial Code of the state in which the bank is located, generally in section 4-403 (states use different numbering schemes for their laws). The version of that section recommended for adoption indicates that a stop payment order is valid for 6 months.
