回複：求助：ebay購物沒買成，還要上法庭?

Are you sure it is money order, for which you cannot stop the payment? Your personal check is a type of negotiable instrument. Within this 10-day period, the ebay seller negotiated (by indorsement) your check to another holder in a different transaction, not necessarily this collection unit. To ensure the negotiability of the check, the law has limited the right of you, the drawer, to stop payment on the ground of fraud and cause the check to be dishonored. In this case, you have two options. Option 1, you may pay the fee the current holder (the collection unit) claimed, and go after any indorsee on the check. You will become a holder in due course on the check if you pay off the holder. If you go after the ebay seller, you may sue him on the check, or on the transaction (the fraud). Option 2, you may refuse to pay, and prepare to litigate the status of current holder-the collection agent. In this circumstance, you are taking a risk, because this collection agent might be what it claimed to be-a holder in due course, who has a claim superior to your fraud defense. Just by the nature of its business, you may not determine it cannot be a holder in due course. If it got the check directly from that ebay seller, you might negate its status by proving some defects, like negligence. But if it received the check from a holder in due course (another holder other than the ebay seller), it automatically acquired the status of a holder in due course.

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• 回複：回複：求助：ebay購物沒買成，還要上法庭? -回複：回複：求助：e- ♀ (343 bytes) () 02/26/2004 postreply 19:29:45