QUESTION

Can I stop payment on a post dated check if I do not have funds to cover it?

Asked on Apr 01st, 2013 on Business Law - Ohio
More details to this question:
The check was post dated 60 days into the future for franchise fees which I owe. I sold the business and am running it until the closing. The business has not generated enough cash flow to cover the check.
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1 ANSWER

You can always stop payment on a check before it's cashed, even if it isn't post dated.  By the way, post dating a check doesn't mean that the holder of the check can't deposit it.  By Ohio law, you can't post date checks.  The only real penalty is that the bank can ignore the date and accept the deposit. If the check is going to bounce, you better stop payment because there are some criminal penalties as well as banking penalties, for bouncing checks.  Stopping payment doesn't mean that you are off the hook for payment.  The company may still be able to sue you.  If you are going to stop payment, I recommend that you also send them a letter advising them that you have stopped payment so they don't deposit it and have it bounce as well as other problems happen with they might then try to add to the money that they will claim that you owe them. You may want to hire a lawyer to help you with this before it gets out of hand.  Your lawyer may be able to negotiate a settlement of the claim they have.  You might also consider whether you have signed anything in the franchise documents which gives you personal liability for the debt.  YOu may already have personal liability if your company isn't a corporation or LLC.  Find a local lawyer and bring him or her all of your documents relating to your company, the franchisor and your bank account.  Even it you think it it too much or the attorney doesn't need to know "that" let the attorney decide.  Sometimes little things can change the outcome or a matter for the good or bad.
Answered on Apr 03rd, 2013 at 4:02 PM

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