If a Company shreds your check do u have to replace it?

Question

my wife went to compusa and bought a new laptop, a couple days later they called and said they had mistakely shredded her check and will she drive over and give them another check? what legal stance do they have? She has a receipt stateing she paid for the laptop?

Answer 1

Wow. I bet that was an embarrassing phone call.

I think it's possible that in a court a judge will order you to write another check. The reason is that you received the benefit of what you bought, but you didn't pay the agreed price.

Your wife has every right to ask for CompUSA to cover the expense of stopping payment on the check or giving back to her all of the shredded pieces. Until they do, I wouldn't give them anything.

Answer 2

Hmmm, from an ethical standpoint it seems like replacing it would be the right thing to do, but on the other hand it was their mistake (and what proof do you have that they actually shredded it)? Since they are in business, I think I would try to work out a deal with them. But if you are cold hearted you do have the receipt so I doubt they could do much legally to you.

Answer 3

Whats the big deal...paying them is the honest thing to do..............BUT FIRST call the bank and tell them to STOP PAYMENT on the old check.

Then go give CompUSA a new check BUT...DEDUCT the cost of the "stop payment" order. Usually banks charge about $25. for that service.

There's no way that you should get stuck paying the fee....


***

Answer 4

I think in order to get a new check from you, they have to give you proof that the check was in fact shredded (return the pieces to you). Otherwise it could be a scam run by some kid who works there, where he gets two checks for one item, holds onto one without the store's knowledge so it doesn't get cashed. Then when you give him check #2 for a new laptop, both checks go to the store and wa-la he has a new laptop bought and paid for by you.
I believe they are responsible for providing you proof that your method of payment is no longer tangible.
Ask them for it because I doubt they will be able to provide it for you. Tell them you are not going to issue another check without consulting a lawyer because it sounds like it could be a scam and you believe it was their negligence.
There was nothing wrong with the check when you gave it to them.

Answer 5

Morally yes

Legally I would guess no, what if they shredded the $100 bill that I paid with, would I then have to replace that $100 bill for them ?

She has a receipt that she paid, they are responsible for their own incompetence

Answer 6

Just because she has a receipt saying that she paid for the laptop, the company will be able to show from their records and your bank records that the check was never negotiated. You owe the money and a court will certainly make you pay it. Sorry.

Answer 7

Check with a lawyer. They could maybe take you to small claims court? I wouldn't pay it until I did talk with a lawyer but you will probably be banned from the store if you don't.

Answer 8

If the check never cleared you still owe them the money. However, they should offer some compensation for their error.

Answer 9

before she brings that new check down, stop payment on the *ahem* ."shredded" one..


OR

stop payment and insist you paid for it.. heh :/