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Does anyone have legal knowledge in banking?

Category: Law & Legal

LeiaLeia


I am wondering if a verbal agreement to hold a check ( im the merchant) that had been agreed to was not held as promised, and then resulted in ruining a perfect bank bio as well as insufficient charges accrued, could these charges legally be recovered if I can prove the fault was not on my end?

Prorkycake
Prorkycake

This is a very complex question. Honestly, your additional details really made no sense to me. I am interpreting this to say that you gave someone a check who agreed to hold it. You gave them cash payment and they still cashed the check even though they were paid. This resulted in overdraft fees, etc.

First of all, it doesn't sound like you have any legal recourse. I am not an attorney, but you said the magic words...verbal agreement. How can you prove this agreement? Now, had you had a letter stating that, "It is our agreement that you will hold this check in TRUST until such and such date..." That is a different story. That is a trust fund violation. However, you didn't and now, it is your word against theirs.

When you write a check, you are responsible for those funds. It is a written statement from you that you have the funds in your account. In other words, don't write checks you can't cover. Heck, if you try to pursue a legal route of action, you may be the one getting punished for writing a hot check. Legally, I don't see a good outcome. They would argue you wrote a hot check, which you did, and that would be the end of it. I just read the statement from the California attorney general about hot checks in the State of California. I'd be afraid that this business would counter-sue you if the funds did not go through. I'd check out the attorney general's site about hot checks. It said something about that business being able to sue you up to three times the amount of the check!

Start writing demand letters sent certified mail return receipt requested stating that you've paid them, enclose the proof of payment and state how much they owe you. If they don't pay, take proof of your demand letters and the proof that they were sent and received to an attorney and he/she will be able to tell you whether or not they will be able to recover those for you. You don't state the amount, but you may be able to go pro se and try to recover in small claims court.

Again, not an attorney, but it seems the fact that you gave them a check you couldn't cover will much things up a bit. Prove that you paid them cash BEFORE they cashed the check and you might be able to recover those fees, but be aware that they may counter-sue you for a hot check. The court will have to interpret the law and see who's right. Good luck.

WRG
WRG

No it won't. A check is a demand deposit item. It is supposed to be good them moment it is written.

Steve
Steve

What jurisdiction?


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