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Company cashed check after I paid in cash

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sjncomic

Junior Member
What is the name of your state (only U.S. law)? Florida

I went to the vet's office to put down a family animal. On 6/9 we wrote a check for them for 204.00. We asked that they hold it until 6/12 so it would be OK. A month later, we called and said they did not cash the check. They said they could not find it, so we paid with our debit card. On 9/12, our bank statement showed the check was deposited and we then were overdrawn on 9 other amounts for 315.00 in overdraft fees. The vet's office said the original person wrote to deposit it on 9/12 and we signed a form authorizing it. We said, of course due to duress of losing a family pet we did not realize it said 94 random days later to deposit it. The office manager said she understood and would refund us the 204 we paid as well as our overdraft fees. She called back 3 hours later and said the owner refused to pay the overdraft fees. The person there never checked our account to see if it was paid in full, they just deposited the check. Does the payment of the account in cash supercede the original document to deposit the check on 9/12? Can we bring legal or civil action? thanks!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Florida

I went to the vet's office to put down a family animal. On 6/9 we wrote a check for them for 204.00. We asked that they hold it until 6/12 so it would be OK. A month later, we called and said they did not cash the check. They said they could not find it, so we paid with our debit card. On 9/12, our bank statement showed the check was deposited and we then were overdrawn on 9 other amounts for 315.00 in overdraft fees. The vet's office said the original person wrote to deposit it on 9/12 and we signed a form authorizing it. We said, of course due to duress of losing a family pet we did not realize it said 94 random days later to deposit it. The office manager said she understood and would refund us the 204 we paid as well as our overdraft fees. She called back 3 hours later and said the owner refused to pay the overdraft fees. The person there never checked our account to see if it was paid in full, they just deposited the check. Does the payment of the account in cash supercede the original document to deposit the check on 9/12? Can we bring legal or civil action? thanks!
You should have put a stop-payment on the check BEFORE paying in cash. YOU instructed them to deposit on 9/12 and they did.
 

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