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  1. #1
    QUEENBEAS Guest

    Unhappy

    DUE TO NO FAULT OF MY OWN I HAD SOME CHECKS RETURNED. AFTER FINDING OUT ABOUT THE OVERDRAFTS I CALLED A BUSINESS THAT WAS HOLDING TWO POSTED CHECKS AND TOLD HER OF THE PROBLEM. SHE RAN THE CHECKS THRU MY CHECKING ACCOUNT ANY WAY EVEN THOUGH I OFFERED TO PAY CASH FOR THEM. I EVENTUALLY GOT HER TO TAKE PAYMENT BUT NOW SHE WANTS $30.00 IN FEE'S EVEN THOUGH SHE WAS NOTIFIED THAT THEY WOULDN'T CLEAR. CAN SHE TAKE ME TO COURT AND COLLECT?
  2. #2
    JETX is offline Senior Member
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    Though you didn't tell us what state your are in (see the RED text at the top of the screen??), I will offer the following GENERAL advice....

    1) There is NO legal obligation for the business to hold your checks upon your notification that they are NSF. A check is a contract to pay with immediate terms. When you deliver the check, it is considered payment. You breached the contract. Pay the fees. You wrote the checks, they bounced.

    2) If the business does NOT have a 'return check fee' notice, you might be able to take legal action against them, but it would be far more costly (both time and money) than just paying it.

    3) Most states have laws about writing NSF checks. Consider yourself lucky that she doesn't file on you.

    4) Most banks charge the depositor (the business) a fee for NSF checks that are deposited to their account, even when those checks are written by someone else. If this is the case (and it is VERY likely that they business was charged by THEIR bank), why do you think the business should absorb this cost due to YOUR writing an NSF check???

    Summary, pay the fee and learn from this.....

    PS: Using ALL-CAPS is considered to be shouting... and my hearing is just fine. Use some money to get your keyboard fixed.
  3. #3
    QUEENBEAS Guest
    Originally posted by QUEENBEAS
    DUE TO NO FAULT OF MY OWN I HAD SOME CHECKS RETURNED. AFTER FINDING OUT ABOUT THE OVERDRAFTS I CALLED A BUSINESS THAT WAS HOLDING TWO POSTED CHECKS AND TOLD HER OF THE PROBLEM. SHE RAN THE CHECKS THRU MY CHECKING ACCOUNT ANY WAY EVEN THOUGH I OFFERED TO PAY CASH FOR THEM. I EVENTUALLY GOT HER TO TAKE PAYMENT BUT NOW SHE WANTS $30.00 IN FEE'S EVEN THOUGH SHE WAS NOTIFIED THAT THEY WOULDN'T CLEAR. CAN SHE TAKE ME TO COURT AND COLLECT?

    I offered to pay for the checks before they were deposited. She still had them in her possesion and I had the cash in hand to pay for them. She didn't have to incur any fee's at all she ran them thru just for spite. I'm from Kansas by the way. The reason my account becoame overdrawn was due to an $1800.00 ach draft ran thru my account by the U.S. Army Reserve for life insurance premiunms. My husband recently retired and some paper work was fouled up so the error occurred. And to the Gentleman who replied to this question, perhaps manners were not taught to you when you were young or perhaps your just a natural born ******* but you ought to try typing anything with 1 year old triplets who have the chicken poxs in the room with you. Sir then you would truely know what yelling is. But please accept my apologies for the rude way the question was presented.
  4. #4
    JETX is offline Senior Member
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    Oh, geez. Just what we need on this forum... another "I am never wrong and Woe is me" person who berates FREE advice. Tell you what, honey. My advice is offered with a FULL MONEY-BACK Guarantee. If you don't like my advice, you get your full moneyback!! That's right!! Every cent that you paid for it!!

    Maybe if you had waited until the crying TRIPLETS with chicken pox had gone to sleep or let your husband take care of them, you would have been able to reach the Caps Lock key to turn it off. Your EXCUSE that 'the sick TRIPLETS' prevented you from hitting the Caps Lock key is pretty lame!!

    It is very possible that the merchant could (or should) have held off on depositing the checks; however, as I said, they have NO OBLIGATION to do so. After all, I am sure that your checks were not the only ones in that days receipts to be sent to the bank.

    And, I noticed that you did not answer my question of who is expected to pay the merchants bank fees for YOUR checks? Do you assume that we (the taxpayers) should protect you for that one also???

    As for your original question....
    If the merchant incurred fees from YOUR checks (no matter that it was in 'error') AND the merchant has a posted check fee notice (probably), YOU are responsible for the fees. And, yes, the merchant could take you to court over them. However, in all reality, she probably won't take any action against you (except bar you from writing anymore checks at her business). This is because her time and energy is not worth the measly $30.00 you are worrying about.

    Now, quit your whining and get in there with those "sick TRIPLETS!"

    Oh, and be sure to fill out your Money-Back guarantee form and send it to me as soon as possible.

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