In court, can a cashier check act as proof of payment?

Get Legal Help Today

 Secured with SHA-256 Encryption

In court, can a cashier check act as proof of payment?

I’m moving and I was told to make the payment in money order or cashier’s check. I asked them do they provided written reciepts as well and I was told they give copies of payment received initialed and signed. I have paid with a money order before and was told that was not legal proof of payment and could not get my money back because she did not issue me a receipt. When I seeked legal advice from a deputy sheriff and I just walked away. I really don’t want to be out in the streets or out of money because they don’t issue written receipts.

Asked on September 10, 2019 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A copy the check by itself is not proof of payment, since that only provers you bought or took out the check. A cashier's check is actually not good proof of payment unless you after it is cashed have the bank trace who cashed it, because again, buying the check only shows that you purchased it--it doesn't prove you gave it to anyone.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption