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Close my bank account to stop the check, am I doing right?

Posted on : 04-18-2012 | By : askinglaw | In : Legal Questions


I want to buy a existing business, but the seller fooled me, she wanted me to pay cash to buy the business and no escrow.
I gave her check as deposit(partial payment), then I found out she is not reliable, suddenly I wake up, I immediately went to bank to close my account, fortunately she hasn’t taken my money.

We don’t have any sale agreement, she did is totally wrong, she shouldn’t deposit my check, the transaction was not complete.

Does she has right to collect money from me? What else should I do to protect myself?
Anyway, I also found out she did illegal work, can I report it? to who?

Thank you for answer.

Answers (1)

Stopping payment on the check would be more appropriate. In order for this person to go after you, they could attempt to sue you in small claims. However, to protect yourself, stop payment on the check and send a certified letter with return receipt requested explaining to this person that the stop payment was ordered and reasons for doing so including no written agreement, etc.

As far as “illegal work,” to report this you would have to elaborate on the type of illegal work this person has done. That will determine the governing body/agency which would handle these things.

If you have already closed the account, you should still send the letter. It will at least cover you so that if needed you could defend yourself in court by showing that you explained the issues and gave her a chance to resolve it.

I’m not a lawyer, but have been in a similar situation. I stopped payment, sent certified letter with receipt and when receiving notice from the other party’s attorney, it was resolved by having an attorney write a letter with a copy of the certified letter and return receipt. That was the end of it.

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