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??? about a bad check tort

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LROfficeMgr

Junior Member
What is the name of your state? Arkansas

Hello,
I am the office manager for a small remodeling business. My boss recently agreed to take the job of a client. Contracts were signed and my boss received a 4000 dollar check as a down payment on the work. He deposited this check and the bank showed the money in his account. Subsequently, the contract was terminated by my boss for reasons that were within his rights according to the contract the client signed. The client was given a refund of the money that was left from her original down payment that amounted to about 3500 dollars. Within two days of this my boss was notified that her original check had been returned nsf. She had already cashed the refund check which caused my boss's account to go almost 5000 dollars negitive with all the fees that were assesed. She has since paid back the money and for the fees that were assesed directly from her check, but my boss thinks she should pay all the fees that were assesed to his account even the ones that were due to other items that were nsf on his account due to her actions. Who is right here? Also is there a tort involved in her writing the 4000 dollar bad check in the first place? Could he sue her for damages over this and if so on what basis. Thanks to all those that help.
 


JETX

Senior Member
LROfficeMgr said:
Who is right here?
Both are.
1) She is not liable for your employers inability to balance a checkbook... or to go ahead and spend money he didn't have..... and for returning funds to her BEFORE he confirmed the validity of her check.
And
2) She is liable for the costs incurred due to her bad check.

Bottom line.... Your employer can request/beg/plead for reimbursement. If she refuses, he can file a small claim action against her and let the court decide based on the facts.

Also is there a tort involved in her writing the 4000 dollar bad check in the first place?
Not since she remedied her check. Bad check laws have lots of back-doors that allow the check writer to remove his/her 'violation' by making the check good.
Have your employer contact your county DA about possible criminal charges.

Could he sue her for damages over this and if so on what basis.
See above.
 

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