Small Claims Court for fees from other checks as a result from a bounced check?

[Galileo]

I'm in NJ and my bank is in DE if that makes a difference. I gave someone a check for $1000. I realized that there was not sufficient funds in my account so I contacted that person and said that if she had not cashed it yet, so wait until the end of the day so I could transfer funds so she wouldn't have a bounced check. If she did cash it, I told her that it may not go through, but that there would be sufficient funds that day. Often when someone cashes one of my checks, it takes days to process and clear, I assume because I have a Federal Credit Union and in another state. I also am aware that if she deposited the check and if there wenre't enough funds then, that banks often put the check through again - at least it has in checks I have received. So that was fine and done. I apologized and offered to pay for her bank fee for her rent check since this was all related to an apartment. I didn't hear from her, and now she is asking me to pay $100 as a result of several overdraft fees on her part because she wrote checks thinking she had the money in the account - one including her credit card.

I know I am in the wrong for writing a hot check, as I thought money would have been in there and as soon as I discovered it wasn't I contacted her. i feel as though I am not responsible for her other written checks since it's her account and her checks. The check is a contract that she has money in her account, which she did not. I understand it's frustrating and bad - but I also shouldn't be held responsible for her not having enoughmoney in her account to cover her expenses.

Should I suck it up and pay the $100 (she has given me 3 days to do so, via email, not certified mail) or chance that Small Claims Court won't even hear her case.

By the way - the $1000 check did go though eventually. When she submitted the check, it took 6 days to clear from my account into hers. Should I just pay her bank fee, which I am fine with doing...

Thanks for any and all help!

 

[Zigner]

I'm in NJ and my bank is in DE if that makes a difference. I gave someone a check for $1000. I realized that there was not sufficient funds in my account so I contacted that person and said that if she had not cashed it yet, so wait until the end of the day so I could transfer funds so she wouldn't have a bounced check. If she did cash it, I told her that it may not go through, but that there would be sufficient funds that day. Often when someone cashes one of my checks, it takes days to process and clear, I assume because I have a Federal Credit Union and in another state. I also am aware that if she deposited the check and if there wenre't enough funds then, that banks often put the check through again - at least it has in checks I have received. So that was fine and done. I apologized and offered to pay for her bank fee for her rent check since this was all related to an apartment. I didn't hear from her, and now she is asking me to pay $100 as a result of several overdraft fees on her part because she wrote checks thinking she had the money in the account - one including her credit card.

I know I am in the wrong for writing a hot check, as I thought money would have been in there and as soon as I discovered it wasn't I contacted her. i feel as though I am not responsible for her other written checks since it's her account and her checks. The check is a contract that she has money in her account, which she did not. I understand it's frustrating and bad - but I also shouldn't be held responsible for her not having enoughmoney in her account to cover her expenses.

Should I suck it up and pay the $100 (she has given me 3 days to do so, via email, not certified mail) or chance that Small Claims Court won't even hear her case.

By the way - the $1000 check did go though eventually. When she submitted the check, it took 6 days to clear from my account into hers. Should I just pay her bank fee, which I am fine with doing...

Thanks for any and all help!

Let me summarize - you admit that, due to your actions, you caused this innocent lady to incur overdraft fees. Furthermore, you are willing to pay the $100 she is asking for.

And your question is...?

 

[Galileo]

My question is, am I responsible for the other fees she was charged that was not from my check to her bouncing?

Such as her credit card payment - she wrote a check to her credit card thinking she had the money in her account, and she didn't. Each check has an overdraft fee of $25, and she bounced 4 checks and is asking me to pay for all of them.

I wrote a rent check to her, and she wrote a rent check. The original check I wrote cleared. I told her I would pay for her rent check bouncing. I just don't see how I am directly at fault for the other checks she bounced. If she had enough money in her account, rent checks excluded (she wrote a check for $1000, I gave her a check for $1000), she wouldn't have bounced any checks.

I'm bitter because it's been over a month I moved in and this is now just being addressed. I warned her that my bank sometimes takes days for the money to actually appear in the account since it is from out of state and I had always paid my rent early due the fact that it takes longer. While the money was out of my account, and not yet deposited in her account, she bounced checks.

Will small claims court even take her request? She had only threatened me with an email, does she have to send a certified letter? I just don't want to be jerked around by someone who is looking for someone else to pay for her overdraft fees.

 

[NotSoNew]

is this your landlord or a personal matter?

no your are not legally responsible for her other bounced check fees, but you are responsible for the returned check fee she probably incurred when the check was orginally declined from your bank (and then they re-deposited it).

 

[Galileo]

Personal matter - and no, I do not have any ties to this person aside from that she was the former tenant of my new building. She moved out of the apartment early, and I moved in.

I have no qualms with repaying the $25 fee and offered that in the beginning. I was never trying to cheat her, but I want her to treat me as fairly. I just wasn't sure about the others. I want to resolve this, but I also don't want to spend a bunch of money that I think is unjust.

Is sending her a money order & certified letter stating that I am paying her for her overdraft fee for the check that I had given her sufficient? Will it hold up in small claims court if it actually does go through?

Thanks for any and all insight as I have received many different responses from various people with legal backgrounds.

 

[Happy Trails]

Personal matter - and no, I do not have any ties to this person aside from that she was the former tenant of my new building. She moved out of the apartment early, and I moved in.

I have no qualms with repaying the $25 fee and offered that in the beginning. I was never trying to cheat her, but I want her to treat me as fairly. I just wasn't sure about the others. I want to resolve this, but I also don't want to spend a bunch of money that I think is unjust.

Is sending her a money order & certified letter stating that I am paying her for her overdraft fee for the check that I had given her sufficient? Will it hold up in small claims court if it actually does go through?

Thanks for any and all insight as I have received many different responses from various people with legal backgrounds.

IMO, you should be on the hook for the entire amount that you cost her. You told her to wait until the end of day to cash it, so you would be able to transfer the funds, but it took 6 days to clear.

 

[Galileo]

The money was in my account that day - I transferred it as soon as I got back to my office and was able to look at my account. I don't know why it took 6 days to clear, it was out of my account, but the funds weren't available to her until a few days after. I know from past experiences that larger checks sometimes take a few days to clear from my account. For example, when my old landlord would deposit my checks the funds weren't available to him until a week later, so I would pay him on the 20th of the month to make it easier. Once the check cleared for me, it wasn't available to her until 6 days later. I couldn't put a stop payment on it because as far as my checking account was concerned, the check was cashed. She got the money from the original check, she just incurred late fees from the duration that it took for the money to be deposited.

 

[Happy Trails]

The money was in my account that day - I transferred it as soon as I got back to my office and was able to look at my account. I don't know why it took 6 days to clear, it was out of my account, but the funds weren't available to her until a few days after. I know from past experiences that larger checks sometimes take a few days to clear from my account. For example, when my old landlord would deposit my checks the funds weren't available to him until a week later, so I would pay him on the 20th of the month to make it easier. Once the check cleared for me, it wasn't available to her until 6 days later. I couldn't put a stop payment on it because as far as my checking account was concerned, the check was cashed. She got the money from the original check, she just incurred late fees from the duration that it took for the money to be deposited.

Well, I believe it was your fault for writing a check that she couldn't cash. She didn't know that it would take six days to clear. If you would of had the funds in there when you wrote the check, she wouldn't of had the late fees.

Maybe you can work out a compromise with her.... Maybe she'll go along with it or she may take you to small claims court and have a judge figure it out.