fee taken from bank w/o consent?

[ginafur]

What is the name of your state? Oklahoma

2 weeks ago I wrote 3 checks on different occasions to the same store, due to misuse of bank account by spouse they were returned to the store marked unsufficient funds. They mailed 3 separate bills for each check with a $30 fee added to each check amount. I planned on paying them on Monday. Today (friday) I checked my bank account and realized that the store had resubmitted the checks to my bank, but has added the $30 to each one w/o my permission.
My bank stated that all the collection agency has to do is call in with the check #, account # & check amount. But the lady at the bank also stated that she didn't think it was legal to change the amount on the check w/o consent of the person who actually wrote the check. Is this legal? The collection agency claims it is.

[Veronica1228]

Originally Posted by ginafur

What is the name of your state? Oklahoma

2 weeks ago I wrote 3 checks on different occasions to the same store, due to misuse of bank account by spouse they were returned to the store marked unsufficient funds. They mailed 3 separate bills for each check with a $30 fee added to each check amount. I planned on paying them on Monday. Today (friday) I checked my bank account and realized that the store had resubmitted the checks to my bank, but has added the $30 to each one w/o my permission.
My bank stated that all the collection agency has to do is call in with the check #, account # & check amount. But the lady at the bank also stated that she didn't think it was legal to change the amount on the check w/o consent of the person who actually wrote the check. Is this legal? The collection agency claims it is.

If there is a sign posted in the store that warns that they will do this, then yes they can charge the fee to you.

The bills that you received in the mail, are you sure they were from the store, or were they from the bank? Your bank probably charged you a hefty fee per item for these returned checks as well.

[ginafur]

Originally Posted by Veronica1228

If there is a sign posted in the store that warns that they will do this, then yes they can charge the fee to you.

The bills that you received in the mail, are you sure they were from the store, or were they from the bank? Your bank probably charged you a hefty fee per item for these returned checks as well.

As for the sign I don't remember seeing one.

My bank has already charged me $17.43 per check. The $30 fee per check was added on by the collection agency that the store sent my checks to.

[Veronica1228]

Originally Posted by ginafur

As for the sign I don't remember seeing one.

My bank has already charged me $17.43 per check. The $30 fee per check was added on by the collection agency that the store sent my checks to.

I would contact the store and find out if this information is posted anywhere, or go there yourself to check it out.

The only other thing you can do is tell your bank that this is fraud and have them handle it. They will have you sign an Affidavit for this and take care of it on their end.

[wayne-o]

I work in a retail store and we handle the returned checks in the same manner. We are required to have the sign posted in every register or place we accept checks. The sign is small......but it is there. If you visit the store and they do not have the signs posted, you should pursue having the fees
reimbursed to you.

[marbol]

Originally Posted by wayne-o

I work in a retail store and we handle the returned checks in the same manner. We are required to have the sign posted in every register or place we accept checks. The sign is small......but it is there. If you visit the store and they do not have the signs posted, you should pursue having the fees
reimbursed to you.

Whatever. Posting a sign somewhere doesn't create a contract. Making someone sign an agreement does. What if the person is blind? What if the sign is in a different language? What if - what if -

A merchant once tried this to me. They tried to also take out 99 dollars for the fee (whatever! Texas only allows 30 anyway) TWICE.

Call your bank and protest and tell them you signed no contract that allows them to bump the check amount.