URGENT... Need Opinions!!! (Stop payment on check)

[Xar77]

I know I posted this already but just would like some quick opinions on what I should do. (update on bottom)

i have an older account that Got into collections and now is being handled by (as far as I know) an attorney's office. I got a call a month ago regarding this account saying the usual. I have to pay this amount right now or they send me to court. so I set up 2 payments, (This was before planning bankruptcy). The first check already went through. The second was POST-DATED for about 2 weeks ago and I got a call yesterday stating that the check had a problem (Totally bank error... not NSF or anything like that). He wants to run it again and said he's going to.

My question is... If I file bankruptcy in the next few days or next monday or tuesday, can this check be stopped??? Or can I tell him to not process the check since I'm filing for bankruptcy?

I'm going to speak with my attorney later today about this but thought I'd get an opinion from you all.

P.S. the amount is $173.55 so it's not a BIG BIG payment... just something I'd rather not have to pay.


This is the same situation as before... my earlier post but I called my attorney and she didn't get back to me... I need to cancel this today if I'm going to try to do a stop payment. What do you all think??? Should I be able to do a stop payment and be ok? (Filing in 2 weeks)

[edwards2]

Wouldn't the check have already gone through by now?

[HHM]

The check is probably already being processed. So I am not sure what you are asking?

[Xar77]

The payment has not cleared my bank yet so I can still do a stop payment on it if necessary.

[edwards2]

We tried to stop payment on a check and our bank told us the stop payment would be issued but it would not take effect for 24 hours. Also, a lot of companies used electronic banking now which is a lot faster. How can you be sure the check is not en route and will clear before you can stop it? Just because he hasnt done it yet doesnt mean the bank doesnt have it and just hasnt processed it yet.

[Xar77]

This company sends a physical check to the bank... (not electronic)... My bank MAY have it but perhaps won't process it until Monday or Tuesday. The collections rep said it would take 4-7 days to clear and it's been 3 as of today.

Shaun

[Xar77]

The point of all this isn't has the check been processed yet... regardless of when it was issued... (treated as a post-dated check) should I issue a stop payment on it since I'm filing for bankruptcy?