stopped payment on check

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

stopped payment on check

Hi, I bought this pig from a lady for 300.00, I paid her 150.00 in cash and then 150.00 by a post dated check, when I got the pig home he was not what she said about him. he turned out to be on the mean side, so I called the lady back and asked her to take him back bc of this and she said no, So I stopped payment on the check, and she is very mad of course, She said she has turned it over to the sheiffs department, I live in upstate ny, and I need to know if I can go to jail over this? thank you

Asked on December 2, 2016 under Criminal Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Technically, if you had sufficient funds to cover the check *when you issued* it, but only stopped it, as you indicate, due to a dispute over a purchase, that is not a crime (though it certainly is something you could be sued over--if the agreement of sale did not include some right to a refund, the seller could sue you for the remaining money with a reasonable chance of winning). 
The problem for you is that it was a post-dated check: when a post-dated check is cancelled, there is often a presumption that it was issued in the first place due to inadequate funds at that time--under the law, you *must* have adequate funds to cover the check when you issue the check; you may not issue a post-dated check which lacks funds. Therefore, if in fact it was the case that you lacked adequate funds when you issued the check, that was in fact a crime and you could face criminal sanctions.

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 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 lock Secured with SHA-256 Encryption