If a bank pays on a check even though it has a "stop payment order," it is liable to the customer only if the customer can prove a loss because of the payment.

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This is known as the "payment over a stop payment order" rule. The bank may be liable for the amount of the check if the customer can prove that the payment caused them a loss, such as if the check was fraudulently endorsed or if the customer's account was overdrawn as a result of the payment. However, if there is no proof of loss, the bank may not be liable.

If a Bank Pays on a Check Even Though It