Hello Mary,My name isXXXXX a licensed attorney. Glad to try and help out.Sure sorry for your circumstances, truly. My heart goes out to you.
Accordingly, I am pleased to share the good news that the law is in your favor, here. No, what you have described is not lawful. This topic concerns what is called a "Re-presented Check Entry". Generally, the traditional banking laws (specifically Articles 3 and 4 of the Uniform Commercial Code) don't apply to echecks. However, this is one exception where they do, meaning the maximum number of times the echeck could be lawfully re-presented ("run through"), under any circumstance, was twice. Your bank's policies are subject to the application of the law, which does not allow for this five time practice you have described here.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I hope all works out for you.
Since each "check" has a different number (101,102,103,04,105) , would this still apply?? Theiy say that they will charge me with criminal charges unless I have pay a total of 3500. I have already made 5 payments of 153 for a total of 765.00.
I'm sorry that i didn't clarify that it was Ace Cash Express that actually sent through 4 additional e-checks, not the bank. Does the above information still apply??
Thank you for the information. Unfortunately I didnt correctly explain the circumstance. It is Ace Cash Express that is trying to take me to criminal court if I don't pay for all 5 check/e-checks. I only wrote the original check but once it said insufficient funds they sent 1 e-check through each week for the next 4 weeks. Do I legally have to pay for those additional e-checks? They also want to charge me 1000 in interest as well.
Thank you for all your help. I have filed a complaint.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).