In 2008, I signed a contract with a caterer for my wedding. I made the first payment and my parents were to make the following 2 payments, the final one to be received shortly before the wedding. My parents final payment to the caterer was in the form of a check and bounced at the bank. They made the payment shortly afterwards along with a returned check fee. The caterer is suing me for bounced check fees she received from checks that she bounced with her vendors, along with half a days pay, and court costs. Am I liable for the fees that she received from bouncing checks? We had already paid 2/3 of the contract. I also will be missing out on half a days pay to attend court. Can't we call that even?
Country relating to Question: United States
State (if USA): Texas
Hello and thank you for the question. I am sorry to read of this dilemma. The bounce check fees would be due and owing. Often this amount is waived, but it is better to pay if asked and avoid Litigation or referral to the police.
Are you sure we owe her bounced check fees? I'm not referring to our check. We paid the fee associated with that check. She is saying that because she didn't get our final payment on time, checks she had written bounced and she owed fees on those and that we should pay them.
Thanks for clarifying that. If your check bounced, she would be entitled to that fee. That is not the case here. If her checks bounced, which you never agreed to honor, you would not be liable. She in theory could have issued 100 checks in that time period and there is no contractual basis for holding you liable. She should have waited for funds to be available before issuing those checks. Not your liability which you never assumed.
Is it ok for me to call her to discuss this and ask her to file a Motion for Dismissal?
Yes you are free to do so!
Licensed attorney helping individuals and businesses
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