So this was news to me, because I was always under the impression that checks were significantly more secure than using cash, but apparently, they're essentially cash in a different form (at least in Canada). I came across this in a different forum, it's a little dated, but based on other replies, apparently it is still happening.
You wrote it, you pay it
At least me, and believe (perhaps foolishly?) most people think this is how checks work.
It turns out that a "stop-payment" is not legally binding, and essentially once you sign a check, you are legally on the hook for it, no matter what.
While checks are no longer used nearly as much as they were at one time, many landlords and small time contractors request post dated checks, or some money upfront in the form of a check, and if for whatever reason they do not fulfill their end of the bargain but cash it anyways, you essentially have no recourse, short of taking the person who cashed the check to small claims court.
Anyways I researched how to combat this, and discovered "crossing a check" which basically means it cannot be cashed, rather it can only be deposited into an account.
http://www.bankersadda.com/2014/02/banki...eques.html
The limited times I've used checks and post-dated checks I've never had an issue, because frankly most people are honest, but it did make me think how much at risk I could have been. would love to hear from others perhaps better versed in check law and who know how to stay safe.
You wrote it, you pay it
Quote:Quote:
Larry Traverence thought a cancelled cheque meant it couldn't be cashed — that the bank would stop any payment.
So when an employee at his property management company in Vancouver told him he'd lost his $1,250 paycheque and needed a replacement, Traverence put a so-called "stop payment" on the first one and issued a new cheque
At least me, and believe (perhaps foolishly?) most people think this is how checks work.
Quote:Quote:
So imagine his surprise when Traverence discovered his employee had cashed the new paycheque, plus the original cheque, at Money Mart, a cheque-cashing and payday loan chain with more than 350 branches in Canada.
It turns out the employee wasn't on the hook for the cheque he knew had been cancelled; Traverence was.
It turns out that a "stop-payment" is not legally binding, and essentially once you sign a check, you are legally on the hook for it, no matter what.
While checks are no longer used nearly as much as they were at one time, many landlords and small time contractors request post dated checks, or some money upfront in the form of a check, and if for whatever reason they do not fulfill their end of the bargain but cash it anyways, you essentially have no recourse, short of taking the person who cashed the check to small claims court.
Anyways I researched how to combat this, and discovered "crossing a check" which basically means it cannot be cashed, rather it can only be deposited into an account.
http://www.bankersadda.com/2014/02/banki...eques.html
The limited times I've used checks and post-dated checks I've never had an issue, because frankly most people are honest, but it did make me think how much at risk I could have been. would love to hear from others perhaps better versed in check law and who know how to stay safe.