i gave them a check by phone and told them on 2oth I SHOULD have the funds available. I called him on 19th and said they will not be there..he said well ill date for 23rd and I said " no you just wait until I call you beore you do anyting with the check. he cashed it now i am negative $2,000 plus $300 in bank fees. te manager went back and listen to the recorded phone call and admitted i instructed him on not touching the check...after arguing all day they agreed to pay me bank fees. but i lost a days work and had to borrow money for diapers. Can I press charges? is it legal what they did?
The agency knew in advance i didnt have the funds. it was there idea i do a non dated check by phone then when funds were available id let them know. i never Wrote a bad check
2007-02-27 10:39:22 · 9 answers · asked by Miso Hot 2 in Politics & Government ➔ Law & Ethics
It is illegal to give anyone a check if the funds are not avaliable.
Post dating a check actually means you wrote a check with insufficient funds in your account.This is a misdemeaner and you could have been charged with worthless check.
2007-02-27 10:45:10 · answer #1 · answered by upforitupforitupforitupforitru 3 · 4⤊ 0⤋
You do not have a case!!
They are paying your bank fees so the best thing you can do is let it drop, from now on don't write any checks to anyone that you have to leave the date blank, especially if you don't have the funds to cover them.
2007-02-27 18:46:06 · answer #2 · answered by butterflybaby 3 · 3⤊ 0⤋
I don't know about the laws in your state, but in Arkansas you can't post date checks (meaning you can only date the checks for the date written and recieved). A check is treated as a legal "contract" meaning in your writing (or in this case authorizing the use of your bank account for electronic payment), you are in agreement that you are paying a said amount of money right then or whenever the reciever feels like cashing it.
2007-02-27 18:49:15 · answer #3 · answered by *Melissa* 3 · 0⤊ 1⤋
why would you given someone a check and tell them don't touch it and there is no money in there? why not just explain that to them and give them the check in a few days when you do have the money? could've avoided the whole situation that way. and you should be grateful you got ANY money back from the bank. that's not a common occurance and it is a huge hassle to get any back if they decide to relent.
2007-02-27 18:49:20 · answer #4 · answered by Danielle 5 · 0⤊ 0⤋
Technically what YOU did was illegal. Regardless of the reason it is ILLEGAL to write a check without the available funds to cover it. YOU have NO CASE. And yes technically you DID write a bad check. Chalk it up to a lesson learned.
2007-02-27 18:44:57 · answer #5 · answered by Anonymous · 4⤊ 0⤋
It's done if they agreed to pay the bank fees; then move on. You can't file any charges on them.
2007-02-27 18:42:45 · answer #6 · answered by CctbOh 5 · 3⤊ 0⤋
no you dont have a case dont write a check if you dont have the funds! as soon as you give them the check its thiers and they can deposit it if they wish to
2007-02-27 19:11:54 · answer #7 · answered by Avaria 6 · 0⤊ 0⤋
You asked this question earlier and I believe we all told you you don't have a case.
2007-02-27 18:41:49 · answer #8 · answered by Groovy 6 · 2⤊ 0⤋
that sucks...take em to court
2007-02-27 18:42:38 · answer #9 · answered by Mike L 2 · 0⤊ 4⤋