I don't know about your bank but stopping payment on a cashiers is quite an ordeal.
A cashier's check is a draft drawn by a Bank on itself, which the Bank agrees to honor when properly presented for payment. The Bank, not its customer, signs the check. (UCC Sec. 3104(3) (g)). This means that the Bank is liable to pay the check. Theoretically, the Bank has set aside funds from the Customer's account to reimburse itself when the check is presented for payment by the payee. In contrast to the certified check, you could seek remedies immediately and directly against the Bank if there is a problem with the payment of the cashier's check.
If either type of check is lost, destroyed or stolen, the Bank may require a bond or another security before reissuing the check. The Bank also may refuse to honor either type of check if there are material alterations (raising or lowering the amount, changing names or dates). Otherwise the Bank must pay the check when it is presented for payment in its unaltered original form. (UCC Sec. 3412)
Under certain circumstances, for example, the lack of a proper endorsement by the payee, the Bank may refuse to honor either type of check. Although it is not obligated to do so, the Bank may decide to honor a Customer's request for a stop payment on either type of check. However, the Bank does so at its own risk and, particularly for a cashiers check, it may be liable for damages for wrongful dishonor. (UCC Sec. 3411 (b)).
Why the lawyer felt the need to issue a cashier's check is just another error he's made in this simple process. I can only wonder what other screw ups he's made that aren't as obvious but possibly even more costly.
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Today's Featured Article - Uncle Cecil's Super A Lives Again - by Mike Purcell. A week or so out of most of my childhood summers was often spent with my Uncle Cecil and Aunt Sissie in the small East Texas town of Maydelle on their 80 acre farm. Some of my fondest memories of these visits are those of learning to drive a tractor at the helm of Uncle Cecil�s 1948 Farmall Super A. Uncle Cecil was the second owner of this wonderful little tractor, but it was almost as though he had adopted an infant. The original owner was a man from Minnesota who bought her from a local dea
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