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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90238
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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hi paul, do i have the right to ask for the interest on the

Customer Question

hi paul,
do i have the right to ask for the interest on the CD account that i have ask a friend to pull out before its maturity? Because she did gave me a check that had bounced and i ended up getting charged for a returned check fee and the account ended up to its maturity date so to speak. do i have the right now to ask for the interest and the bank charge since i have to wait for the money that was suppose to be given before the maturity date.
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
If she gave you a bad check you have the right to ask for the interest and the bank fees and if the friend refuses then you can sue them for those amounts and those are typical fees the court will indeed give you this as damages.


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Customer: replied 2 years ago.
But then, she is now insisting that i should just ask the bank to re-deposit the check for just the amount that she originally written on the bounced check.....meaning i will not get the interest that it would have gotten if i do this.
Does she have any say that the money was just on hold for some reason why the check was returned.... yelling at me and pushing me just to ask the bank again to redeposit it and then threatening me that that will be my last chance to get my money.
Expert:  Law Educator, Esq. replied 2 years ago.
No she does not and you do not have to redeposit. If you were supposed to get the whole CD and she did not turn it all over to you, then she now must do so since she did not complete the early withdrawal and you would also sue her for the bank fees you incurred for her bouncing the check. You need to send her a written demand and tell her if she does not make good you will be presenting the check to the DA as well for criminal charges for issuing bad checks, since she issued it knowing it was no good and give her 10 days to do so after which time you can file suit and also bring the check and proof of the notice to the DA for criminal charges.
Customer: replied 2 years ago.
the money that was originally mine was held for a almost a whole year in her name on a CD account..i finally made her agree to give it back to me a week before its maturity date....
so anyway, if that she gave me cleared and i got my money..... i wouldnt care about if it didnt incur any interest.... but then the check that she issued bounced which i found out 1 week later (which is suppose to be the maturity date already.
Can i still ask for the its interest?
Expert:  Law Educator, Esq. replied 2 years ago.
Then you have the right to all of the money and YES you have the right to the interest, she lied to you and misrepresented this to you.
Customer: replied 2 years ago.
can this be what her sister is trying to explain to me that some criss-crossing thing about the bank holding the money? why the check bounced? As i have explained to them that my money is in her account that if she have just withdrew it, and placed it in her checking account it would have been readily available.... but before i finished they hang up on me.
Now the letter that i sent her was certified....and i mailed it to her work place to make sure someone's going to receive it to hand it to her (no one is in her house to receive and sign it)....is that illegal?
Because of that shes threatening me for defamation of character? Shes not even famous or has any stand in the society. Not even her work place know what shes been keeping thats mine..... except one person which is her co-worker and friend of mine.
Expert:  Law Educator, Esq. replied 2 years ago.
I do not know what she is talking about, but she is not supposed to write any checks if the money is not actually in the account. The letter has to be sent certified that is fine and you can send it to her work if you choose. It is not defamation of character, she bounced a check and is liable for that to you.
Customer: replied 2 years ago.
she's telling me now that she has proof that the money is in the account and will fight me in court with this proof..... so if i dont call the bank to redeposit it will be my last chance to get the money. That she tried to tell me to do so i get my money.
how should this be resolve with her pushing me to redeposit the bounced check without the interest... and me pushing to get my money with the interest and the bank charge?
what is fair and what is right here?
Expert:  Law Educator, Esq. replied 2 years ago.
She can tell you whatever she wants, you have proof it was not in there when she wrote the check because you have the bounced check and had the money been in the account the check would not have bounced. She is playing you because she is counting on you not understanding what is going on and she is trying to bully you. Ask I said, you are entitled to the damages and bounced check fees and entitled to the interest and she is trying to scare you to think otherwise.
Customer: replied 2 years ago.
now, she collecting evidences to support defamation of character.... can talking to a friend (which is her co-worker) to vent out whats shes been holding thats mine is called defamation of character? What i know is is she was fired or or caused harm in her name in the society or everybody has avoided her because i said something that isnt true against her is defamation....but i didnt do that.
So is venting out to a friend (which is her co-worker) can be considered defamation? Like i said shes not even famous..... and they (she and my friend) are still talking.
I wish i can sue her for this false accusation as well....is there such?
Expert:  Law Educator, Esq. replied 2 years ago.
Defamation means you have made a statement you KNOW is false against her. Here you are not making any statements you know are false against her. My suggestion is go to small claims court against her and seek your money that she is trying to threaten you out of.
Customer: replied 2 years ago.
She owes me $10,000. Can this be handled in small claims court?
I may have talk to a friend...venting out all these stress cant it be defamation.....can it?
She still works in the same company, nobodys avoiding her..... So i dont know how she build that defamation case against me.
If ever theres no proof to it the court will just throw that right?
Expert:  Law Educator, Esq. replied 2 years ago.
No, this is over the limit of small claims. You would have to file this suit in the district/superior court. The court would likely throw out any defamation claim she brings against you as you have not described anything you have said or done that is defamation. This woman is just trying to scare you and prey upon your suspected lack of knowledge to try to steal your money.
Customer: replied 2 years ago.
I may have been naive and trusting when i ask her to keep my money in her name to a CD account. But since we havent been in good terms i have ask for it a long time ago.....she never want to give it to me unless i follow her conditions. I feel that she wants to control and manipulate my life. So her style to reconcile with me so she would give me back my money......Can this be valid in the court system. That because i never want to talk to her anymore thats why shes not giving me back my money.....for her reasoning?
she never mention in her txt or messages that she has my money....why i was even more pissed.
Expert:  Law Educator, Esq. replied 2 years ago.
Yes, it was your money and she cannot keep the money and you have a valid claim.
Customer: replied 2 years ago.
Will the court syeten find me liable for just trsuting her giving the money without written statement about that money? In my mind, both of us are professionals..... I really trusted her to keep her words. This gave me a very big lesson about people..... But will the court find me liable for it?
What will happen to her profession if will lose in this case.....for criminal charges ( writing bounced checks). Or it wont be affected? Because on my letter i have ask her to just do good on my request..... But she still insisting to fight with me.
Expert:  Law Educator, Esq. replied 2 years ago.
No, they will not find you liable for anything other than being trusting of someone who is trying to take advantage of you. Nothing will happen to you for pursuing your legal rights. It is up to the employer and they can fire her if she is convicted of the criminal charges.
Customer: replied 2 years ago.
Im only asking for what's fair now.... but she doesnt seem to see it this way.
but that conviction will be with her for the rest of her life right?
Expert:  Law Educator, Esq. replied 2 years ago.
The conviction will stay with her the rest of her life, correct. You need to report her to the DA and get this over with.
Customer: replied 2 years ago.
I just heard a message that she left on the phone that if i dont talk to the bank and redeposit the check (which she said she has proof that there was money in it).... it will the last time that i can have the money and she will take me to court and prove me wrong and will be part of her case of defaming her.
I have been firm and left her a message that i want my money with its interest and the bounced check charge...?
I shouldnt be listening to her threat right?
Or maybe she doesnt have a clue that what she did is criminal offense.
Expert:  Law Educator, Esq. replied 2 years ago.
You need to inform her that if she does not surrender all of your money since you found out she lied to you about the maturity date you will file a criminal claim for theft against her with the police and you are owed the bounced check charges as well. And tell her you are going to be hiring an attorney tomorrow if she does not fix this matter and you will sue her on top of filing criminal charges against her for theft and issuing bad checks.
Customer: replied 2 years ago.
I found out about the maturity date after i pulled out my bank statement when we have actually put it in the CD account. I just kind of figured that she may have want to keep the interest because i pulled out the money early (will be penalized). Maybe she has tried to put her sister's money in the checking account but it didnt clear until after i deposited the check that she issued. But she never said anything about not depositing the check right away (because she was busy tempting me to get upset when i was getting the check from her). For me being aggravated for a long time i dont want to let her have the control of doing anything anymore to the check (either cancelling or stopping it). So with the same date i deposited it. I didnt do it intentionally.
Expert:  Law Educator, Esq. replied 2 years ago.
If the CD was mature, you are entitled to the whole thing, since she did not have any penalties. When someone writes you a check it is deemed to be a good check from the date they wrote it, so any argument she makes about delay in depositing or that you deposited it too fast would not be a valid defense
Customer: replied 2 years ago.
she just left a message saying i cannot have the money anymore because i didnt do what she ask me to do (to redeposit the check).
letting me listen to my voicemail about me asking for my money, the interest and the bank charge.
Expert:  Law Educator, Esq. replied 2 years ago.
She is sorely mistaken and it is your money and you really just need to take action against her because this is going nowhere because she is playing you for stupid.
Customer: replied 2 years ago.
i have given her up to december 13 on the letter. But because shes insisting to not give in to my demands..... can i already push thru with my lawsuit with her.
Expert:  Law Educator, Esq. replied 2 years ago.
No, you have to wait until December 13, since you have given her the letter and just stop contacting her unless she contacts you willing to make payment to you in full for the money, interest and bounced check fees. On December 14 you would go file your suit against her and also ask the court (through your attorney) for a prejudgment lien on her bank account to prevent her from disposing of the money.
Customer: replied 2 years ago.
Dont call even to give her a chance to think about what shes going up against (a criminal conviction)?
Expert:  Law Educator, Esq. replied 2 years ago.
No, you have told her everything and she is trying to make you believe she knows it all, which she doesn't, so just let her dig her own hole.
Customer: replied 2 years ago.
so i should start looking for an attorney (civil or criminal) that will represent me?
Expert:  Law Educator, Esq. replied 2 years ago.
You should be looking for a civil attorney, the DA would handle the criminal claims you make.
Customer: replied 2 years ago.
So i need to just sit still now....even though shes calling me to tell me that i will not get anymore money (that shes just contributing to me) because i didnt do what she ask me to do today (go to the bank and redeposit).
Im glad i have keep a copies of all the letters that i made out when i ask for my money. I have to beg for it because my mom needs it for her surgery (i said it in the letter). Now she's claiming that shes only giving me a contribution for my moms surgery.
Customer: replied 2 years ago.
i was clear in that letter that i want her to give me my money for my moms surgery..
Expert:  Law Educator, Esq. replied 2 years ago.
That is correct and do not let her keep making you out to be stupid.
Customer: replied 2 years ago.
i know i have all the evidence and i have all the right to my demands... im just making sure of all my moves are firm and right.... not using my emotions to feel bad and taken advantage again.
Expert:  Law Educator, Esq. replied 2 years ago.
Right that is what you need to do, use your head and not your emotions. I have given you all of the information you need to do so and not let her continue taking advantage of you. Thank you and please do not forget to click accept to release your deposit as that is the only way we are compensated for the time we spend with customers.
Customer: replied 2 years ago.
i have mentioned in the certified letter that she was dishonest by giving me a check that doesn't have sufficient funds.
Now she says that she can prove that there was funds in there and i just misunderstood and trying to defame her.
I also told her that now if she doesn't give me my money with interest and the bank charge on the set date. The the lawsuit it will expose her to her friends/employer and everything will be reported to the IL Professional Regulation board and IL Department of Public Health remind her of the consequences...... is this defamation?
I didnt misunderstood her. I had ask her for my money because its mine. She should have withdrew my money and transferred it in the checking account where it will be readily available if i were to deposit it on the date that she posted the check.
Can she still reason out that there was just a delay on the funds for the checking account?
For me i've been aggravated by this situation for a long time and as soon as i got a hold of the check, i didnt want her to cancel or put a stop payment on it why i deposited it as soon as possible. When she handed the check to me, never she mentioned that there wasnt enough funds in there (coz she was busy pissing me off while i try to stay cool). So all this time i knew i got my own money (even if there wasnt an interest to it from withdrawing early)
Coz now shes saying, that she can prove to the court that i was intentionally making this all up. And painting her as a dishonest person for my own misunderstanding.
Can the court be linient on her reasoning? Coz she thinks she has all the knowledge now to tell the court of what really happened.
And now the money that was really mine she says is only her contribution to me.....why im not getting it anymore.
Expert:  Law Educator, Esq. replied 2 years ago.
No, it is not defamation if you are telling the truth. If it was such a misunderstanding then she should have no problems giving you a check for the full amount plus interest, so she is lying because she has not offered to do that.
Customer: replied 2 years ago.
if i have given her a letter saying the money was in CD and it should have incurred an interest after one year....
but then this morning i found the bank statement that she brought to my place (when she wants to reconcile with me)back in april that the money was in money market and was gaining more interest than a CD account... is this my mistake. Can this be a flaw to my statement on the letter that she can contest to the court?
Can i explain to my attorney that before i wrote the letter. I didnt know that my money was put in a money market account.
Can i ask for all the interest still....anyway its still my money.
Expert:  Law Educator, Esq. replied 2 years ago.
Yes, she has misled you and even though you claimed one thing in the letter if you have proof in the form of the bank statement showing the interest was different, you would still be entitled to that money. If you have proof of the actual damages from the loss of interest, then that is what you are entitled to no matter what you put in your letter.
Customer: replied 2 years ago.
Oh, i know this person so well. That she will deny everything this way she wont be found to be misleading me about it.
She had denied and never mentioned anything in our text conversation or phone conversation about my money in her possession (except one time when she left a message on my phone).
So this person has given me a hard time to get my own money just because i didnt want to talk to her anymore.
Expert:  Law Educator, Esq. replied 2 years ago.
I am not trying to be rude to you, please understand, but we are going round and round and I am now feeling like I am being repetitive. I told you what your legal option is and now your constant repetition of questions is costing me money, since we are compensated by the accepts we get (and you have not accepted even 1 time) and this has been going on for 3 days now and is becoming repetitive. Again, please take no offense to this, but we are just going over the same things over and over again.
Customer: replied 2 years ago.
Im very sorry if you feel that way... Im just not satisfied for what i need to do after so many loopholes that needs to be covered, as thijs person now i know is an asshole (excuse my bad language).
I understand that i have all the evidence and all the right to get my money.... But having to use the legal system for the first time is really scary for me. So i want to be as wise and as tough to know what is the best option and way to beat this person for doing this to me....after all the trust that i gave her.
Will i get charge three times $40.00 if i accpeted your answer since the first day?
Expert:  Law Educator, Esq. replied 2 years ago.
You have adequately described the person based on what we have discussed above. I understand also you are confused and even somewhat intimidated by the court process and I do not mind being patient until I am going back over the same things over and over again.

The value of this case is one where you will be getting an attorney locally anyhow to pursue her, so they too will help with many of your concerns.

This person is trying to make a fool of you and scare you so she can continue to take advantage of you. The only thing people like this understand is being sued. She will try to continue to threaten and intimidate you with the same things she has been telling you since this started and pretend to convince you she is legally right, but so far everything you have stated she has said is just wrong.

You would only get charged for the time you click on accept, not for every day, just every time you click accept.

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