• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

NSF fees and presenting check for payment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

CareerEnder

Junior Member
What is the name of your state? Florida

Heres my situation:

I have a car loan, my payments are automatically debited by electronic check each month. I had missed a monthly payment so my account was 1 payment behind. The the next month the account the checks are drawn from was closed temporarily for having a negative balance prior to the automatic monthly debit, I notified my lender that the account was closed and that I would make a manual cash payment that month(still being 1 month behind). It was too late for the debit to be cancelled so the payment bounced and I made a manual payment 5 days later. I paid the negative bank balance and reopened the account, advising my lender that future payments could
continue as normal(I'm still 1 month behind though).

28 days after the payment bounced the same check was deposited again which brought the account negative. 2 days later the regularly scheduled payment was debited as well. Both of these checks were paid by my bank but caused a series of NSF fees ($200+). My lender's records don't show that the original check ever bounced and claim my account was credited as if the bank had paid that check. The lender also has no record of presenting this bounced check a second time, denies doing it and claims my bank is to blame. My bank insists that the lender had to have been the one to present this check a second time and has provided the check copy showing the original NSF date and the second date it was presented for payment(28 days later).

Please note again that my lender has no record of the original check ever bouncing and had erroneously credited my account for the payment amount. The lender also has no record of sending the original check for payment again 28 days later and denies doing it.

My question is this: Do I have any grounds to demand my NSF fees from my lender? Is there a limit on how many times a check can be presented for payment, and is there a limit on the number of days between each of these attempts? A check that bounces is usually presented a second time shortly after(a few days later), is presenting it 28 days later considered "reasonable and customary"?

Sorry for the long post and thanks in advance for any advice.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top