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

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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?

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 4 years 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.

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 4 years 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??

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 4 years 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.

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 and 3 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.


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

Hi Mary,
You are quite welcome. My pleasure entirely!
Thank you for the kindness of your favorable rating!
Best regards,
Ben
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