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On 12/1/17 a tenant gave me a check for 3,570,59 made out to…

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on 12/1/17 a tenant gave...
on 12/1/17 a tenant gave me a check for 3,570,59 made out to her she indorsed it, i signed under her name and deposited it into a wells fargo atm. the makers bank was also wells fargo. the bank put a hold on the funds and said they would release funds on tuesday morning, of course if the check cleared. the funds were available on tuesday morning. i went to wells fargo tuesday afternoon got cash out to give tenant difference between what she owed me and the check amount(approx, 2,000, today i looked at my account and it was overdrawn approx, 3,5xx. i called wells fargo, they said the makwe refused to pay and wells fargo cn return check (bounce or not pay anytime, even if it clears), and i am responsible to pay back wells fargo, and its a legal issue.....what is my position, what can i do, what is tenants position, she says she paid me and its my problem. i firmly believe she knew all along because she was rushing me to give her the difference between check and amount she owed me. i want her out of my marina asap and my money back, im really out of pocket over 5k
Submitted: 7 months ago.Category: Legal
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12/6/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your continued patience.

This appears to be a classic breach of contract if the tenant failed to provide you with a check that had insufficient funds. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, including your overdraft fees. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

With Wells Fargo, I couldn't tell you about their bank policies in part because those are private and between you and them, but it's probable that they had the right to take the actions that they did.

What other questions did you have for me today that I can help you out with:-)?

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