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Reimbusment for overdraft fees

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tterlik

Junior Member
I ws paid by a salvage yard for a vehicle that had been abandoned at my house. They paid me $250 for the car and were supposed to pick it up that evening. They called me two days later to say that they had been unable to pick up the car due to a "lack of light" and that when they went back the car was gone. So they issued a stop payment on their check which resulted in me have almost $300 in overdraft fees. Is it a good idea for me to take them to small claims court? Do I have a good chance to win and are they responsible for my overdraft fees and the $250 they paid me originally?
 


racer72

Senior Member
tterlik said:
Do I have a good chance to win and are they responsible for my overdraft fees and the $250 they paid me originally?
No. It is not up to the salvage yard to insure you have enough available funds to to cover your checks. You gambled on the generousity of the bank to credit the funds before the check cleared the writer's bank and lost.
 

tterlik

Junior Member
Wouldn't the vehicle become their responsibility as soon as they wrote me the check and therefore should have never put a stop payment on it? Why should I have to pay for their laziness?
 

Zigner

Senior Member, Non-Attorney
tterlik said:
Wouldn't the vehicle become their responsibility as soon as they wrote me the check and therefore should have never put a stop payment on it? Why should I have to pay for their laziness?

Take the salvage yard to Small Claims Court for the $250 and the bank fees incurrred.
 

tterlik

Junior Member
Is there any way that the salvage yard could win the case? Does anyone know what the laws are for a case like this?
 

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