Wednesday, 19 November 2014

A friend of mine was arrested and everything he had was confiscated at evidence. In his items he had a check that was to be given to me. Is ...

Question

A friend of mine was arrested and everything he had was confiscated at evidence. In his items he had a check that was to be given to me. Is there any way I can get those checks back even though the court case has not ended?



Answer

Why doesn't he do a stop payment and write you another check?



Answer

Maybe. The answer will depend on whether the police think the check is relevant evidence. But even if you can get it back, the process will take time and effort. It would be easier (and probably cheaper) to have the payor stop payment on this check and send you a new one.



Answer

You have no standing to even ask the court. He does, if he is willing to file the proper Motion to seek release. See Mr. Roach's answer.



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