Hello. I accidently wrote a bad cheque, it was only for $7.25 so I kinda put it out of mind. Anyway, the "Daniel Trust Company" take it over, added $25, and without my permissiond debited money from my account. Now my rent check bounced and I face eviction, can I sue them?
You should contact your bank and explain it to them. Tell them you did not authorized them to debit the money from your account. I had something similiar happen to me. A music company debited my account without my permission because they did not receive their cd's back. I informed my bank and they credited my account and investigated it further. I called right away so no checks bounced. Call your bank. Good Luck.
Isn't that fraud? Yes they can re-deposit the check for the original amount but NO they can't add money and debit your account with out your permission. I would contact your bank IMMEDIATELY and file a claim of fraud ASAP! Have the bank draft a letter to give to your landloard stating that money was taken from your account fraudulently. Your landloard should understand. Once the claim is investigated, you should receive your money back along with any bounced check fees that you were charged by your bank. In the future, try to keep some sort of cushion in your checking account for incidents like this. I generally keep at minimum $100 in my account but do not factor this amount in my check registry. That way, your bases are covered just in case you forget about a check, fee, etc. Or, get some sort of overdraft protection. Bouncing your rent check because you were $33 short is a bummer!
Author: MP$40 (---.qntm.com) Date: 04-05-01 11:44 I generally keep at minimum $100 in my account but do not factor this amount in my check registry. =============== ======This is a good Idea ------- I 've been doing it for about 15 years.
electronic checks I write very few checks nowadays due to my check cards (and going back to good old fashioned CASH!). However, I have noticed more and more merchants are posting signs saying that if you write them a check and said check bounces, then the merchant (or check recovery company) can and will draft the money out of your account electronically. I remember reading somewhere that the Fed, banks etc have all said this is permissible. The reasoning is that your original check constitutes your agreement to pay the merchant. But now with the advent of check-by-phone, online checks and ACH drafts, paying the merchant doesn't always mean that paper check has to be the item presented. I don't remember seeing anything on those signs about the fee. The flip side of all that is that now when you write a check to just about anyone, they now have the option of not sending in your paper check but instead they can ACH draft the money out of your account. Of course they can't both ACH debit your account *and* cash the check, but the bank will honor an ACH debit.
Re: electronic checks NO IT IS NOT ILLEGAL AND NO YOU CANNOT USE ITS IS PERFECTLY LEGAL TO DO THAT AND I WOULD NOT TRY AND SUE BECAUSE YOU BROKE THE LAW WITH THAT BAD CHECK. THAT IS WHAT WILL PREVAIL. THEY HAVE THE WRITE TO DO THAT AND THEY USUALLY PUT IT ON THE LETTER THEY SEND YOU WITH THEY TELL YOU YOUR CHECK BOUNCES. MY ADVICE TO YOU IS TO SUCK IT UP AND DRIVE ON. IT WILL BE LESS PROBLEMS THAT WAY.
Re: electronic checks That is why I never use checks for daily pruchases. I use a credit card for everything. The only checks I write are for mortgage and to pay credit cards. That way I can reverse the charges if there is a ever a dispute with a merchant. **************************************************************************** DITTO... CHEAPER ALSO CHECKS COST MONEY CASH COSTS MONEY
Re: electronic checks Exactly! I never write checks unless it's to pay bills. I can't even remember the last time I wrote a check at a merchant! Everyone accepts some sort of credit/atm card. Checks are just bad news if you ask me. Talk about someone writing a check their a** can't cash! LOL...
