How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawHelpNow Your Own Question

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Business Law
Satisfied Customers: 7581
Experience:  Relax. Let's work together. Practical solutions.
Type Your Business Law Question Here...
LawHelpNow is online now
A new question is answered every 9 seconds

I was contacted about a non suffficient check I wrote in 2008

Customer Question

I was contacted about a non suffficient check I wrote in 2008 to ace cash express. I thought I had paid it but they're threatening to take me to court. I have no problem paying this check. The only problem I have is that they stated my bank would only allow them to run it once so they sent 4 additional echecks through with different numbers. They are now saying I owe for all 5 checks. I checked with my bank and they stated they have such policy. Is this legal?
Submitted: 1 year ago.
Category: Business Law
Expert:  LawHelpNow replied 1 year ago.

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.

Customer: replied 1 year ago.


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.

Expert:  LawHelpNow replied 1 year ago.
Hi Mary,
Yes, indeed, it does still apply. I apologize if I wasn't clear.
The law is quite straightforward on this point, fortunately for you.
You could certainly file a complaint against the bank, if desired:
How to File a Written Complaint

Hope that helps some more.
Take care,
Ben
Customer: replied 1 year ago.


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??

Expert:  LawHelpNow replied 1 year ago.
Hi Mary,
Yes. The law does not allow for a financial instance to disclaim liability by blaming the business which presented the electronic checks. It just doesn't work like that. Sometimes bank see that echecks are exempt from most negotiable instrument laws and get sloppy with their policies, which what I suspect happened. However, the law does apply to echecks in this instance, just as if five different paper checks had somehow been re-presented, and it's simply not an allowable practice.
Hope that makes sense.
Take care,
Ben
Customer: replied 1 year ago.


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.

Expert:  LawHelpNow replied 1 year ago.
Hi Mary,
No problem, and I apologize if I missed the boat.
However, my answer remains the same.
These finance companies are just notorious for their tactics. What you have described, while it does not surprise me at all (sorry to say), is absolutely not lawful. Typically, they threaten criminal prosecution as a means of hoping to intimidate customers. Frankly, much of their typical script is laughable in terms of how ridiculous their threats can become.
Please, I would urge you to adopt a proactive stance and report the matter to the Office of the Attorney General, which has been quite interested in investigating just the sort of scenario you are experiencing here:
File a Complaint
You don't have to tolerate baseless threats.
Take care,
Ben
LawHelpNow, Attorney/Lawyer
Category: Business Law
Satisfied Customers: 7581
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 6 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for all your help. I have filed a complaint.

Expert:  LawHelpNow replied 1 year ago.
Hi Mary,
You are quite welcome. My pleasure entirely!
Thank you for the kindness of your favorable rating!
Best regards,
Ben
Expert:  LawHelpNow replied 1 year ago.
Hello Mary,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA