Can anyone advise me?

[Ladybaloo]

What is the name of your state? Virginia

I purchased a product from a merchant who said they would hold a check and then didn't. This caused my checking account to become overdrawn. Can I take him to small claims court to recover the fees associated?

 

[scottybweyy]

You should have post dated the check.

 

[Just Blue]

What is the name of your state? Virginia

I purchased a product from a merchant who said they would hold a check and then didn't. This caused my checking account to become overdrawn. Can I take him to small claims court to recover the fees associated?

Short answer...No.

 

[racer72]

You should have post dated the check.

The date on a check is irrelevent as far as the bank is concerned. It is no way restricts the check holder from cashing the check or the bank from accepting the check for payment. The only thing the date on a check does is prevent stale checks, those over 6 months old, from being accepted from the bank

 

[Ladybaloo]

So I get the part where the bank is not going to do anything but cash the check. But can't the merchant be liable for the damages this cost me? We had a verbal contract; I made a purchase (on credit if you will) with payment due on Nov 1. That is what I dated the check for; they are in breach ... aren’t they??

 

[fairisfair]

So I get the part where the bank is not going to do anything but cash the check. But can't the merchant be liable for the damages this cost me? We had a verbal contract; I made a purchase (on credit if you will) with payment due on Nov 1. That is what I dated the check for; they are in breach ... aren’t they??

No, your check is negotiable as soon as it is written. If you had an agreement, then you should not have written the check until that date.