Insufficient Funds and Fees Associated

Updated on September 14, 2011
J.M. asks from Elizabeth, CO
16 answers

I recently sold a lamp and welcome sign (leftover inventory from a business we used to have) to my hairdresser. She paid me with a check (which she post dated) from her business account. I cashed the check on the day she had the check dated for. Well, long story short, I received notice from MY bank yesterday that the check didn't clear due to nonsufficient funds and I was charged a $10 overdraft fee. I had plenty of $ in my account to cover this, but shouldn't this have been charged to her account and not mine? I'm not sure how to approach her to let her know that her check bounced and that I incurred an overdraft fee because of it. Any ideas on how I can be tactful? Quite frankly,I'm pretty ticked about this. Thanks in advance for your advice.

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So What Happened?

Thanks everyone for your advice. Here is what happened. I called my bank, and it is a standard that they charge a handling processing fee on NSF checks even though the check was issued from another bank. They assured me that my hairdresser also had a NSF fee from her bank. I called her bank and they checked the balance on her account, and there was not enough money in her account to cover the check + the NSF fee. So, I called her and of course she didn't pick up the phone, thanks to caller ID. I left a message for her to call me and my phone number. I didn't state anything in the message. She didn't call me back yesterday so I figured that I would have to initiate another call. I was just getting ready to call her when she called me. She is going to pay me in cash + the $10 overdraft fee. I'm stopping in to see her on Saturday to pick up the cash...no more checks. Thanks again everyone.

More Answers

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K.L.

answers from Savannah on

The same thing happened to me, but it was with a paycheck. The account had been frozen due to re-organizational bankruptcy and althought the money was in the company account, It was not available to be put into my account. Not only was I charged an overdraft fee, I was also charged for every swipe of my card and a daily fee, once the check bounced. I had Wells Fargo and was so disgusted with them for not even notifying me and for charging my account when I called to discuss the matter that I dropped them. I hope your bank is a little better than mine was and I would keep an eye out just in case. As for my paycheck, I went into my work with a copy of my statement highlighting the deposit, the funds removed from my account due to the check bouncing, and every charge that occurred because of it. I demanded that I be payed in cash not only for the amount of the check, but also for the fees my bank had charged. I would get a hold of the lady and let her know, although I suspect she already knows. You can kindly let her know that you expect to be paid in cash for the amount plus the fee, and if not then the item needs to be returned. If the buyer is not cooperative, and if you feel it is worth it, let her know you will be taking the matter to small claims court.

2 moms found this helpful

K.M.

answers from Chicago on

I would now ask that the debt and all fees involved be paid in cash

2 moms found this helpful
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D.P.

answers from Pittsburgh on

Just call and tell her that her check was returned....she'll most likely be mortified and make good for the $10.

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L.M.

answers from Dover on

Her account should get hit but most banks also charge you for depositing a NSF check as well (not the same as an overdraft fee that you get charged for WRITING a NSF fee). It's their way of making sure you don't accept checks from too many people unless you know they are good (in my opinion) and a way to make money at both ends.

I would tell my hairdresser immediately that the check did not clear and you now need xxx (check amount plus any/all fees incurred) in cash. Then, hand her her check and copies of anything you have showing the added fees.

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J.C.

answers from Anchorage on

First off, I would call the bank and find out why you where charged a fee, I don't think you should have been, that is insane. Second, take the notice of bounced check with you and the fee notice, and tell her she either needs to give you cash for the full amount plus the fee, or return the items and that she still needs to pay the fee you incurred on her bad check.

on a side note, this is why we now do cash only, as well as most businesses now. Even when we should our jeep, it was cash in hand or no sell.

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B.C.

answers from Los Angeles on

In some states, writing an NSF check is a misdeameanor. In some tates the writer can be charged tripple the amount of the check plus a $100 fee.

Check your state laws.

I would call the bank the check was written on and ask if there was sufficient funds in the account and if there was, I'd go to that bank and cash the check. I'd confront the writer and ask/demand the NSF fees.

Those who wrote the NSF check by accident will give you the fees. Those that gave you an NSF check on purpose will give you the run-around.

Good luck to you and yours.

2 moms found this helpful

T.C.

answers from Dallas on

I'm pretty sure it's typical for you to get an overdraft fee...and usually it's $25. I'm trying to remember, but it seems like I deposited a check that bounced once, and I was charged too. She'll be being charged as well. No doubt she already knows she gave you a bad check.

I don't really know what advice to give to talk to your friend about it. That would be a bit awkward. She should pay the $10 return check fee for you. Oh, and you can try calling your bank and see if they will refund you the fee. Often times if it's a first time thing, they'll refund it...then again, it depends on the bank.

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K.J.

answers from Chicago on

Part of the finacial regulation reforms is that banks will no longer automatically pay their customers' bad checks. She must not have authorized them to pay for her insufficient funds checks.

I would just tell her that you deposited it on the day it was written for, but it bounced, so your bank charged you $10 and you'd like her to cover it.

1 mom found this helpful

J.W.

answers from St. Louis on

She was also charged an overdraft fee. Any time funds must be removed from an account it cost your bank money, people have to do stuff, ya know? You can legally pass that fee onto her but it may not be worth it. I would contact her bank and find out if they will cash non account holder's checks. Then you just go to her bank and they will give you the funds.

I used to be a teller supervisor. We had people call all the time to verify funds because of people writing bad checks. That I know you can do. You give them the account number and they can tell you if the amount you tell them will clear. I always felt bad for those that called and by the time they got to our back they have already removed the funds.

Some people are evil!

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M.F.

answers from Phoenix on

I've had checks from clients bounce and my husband even had two paychecks bounce. In a few cases, I was not only charged the returned check fees from my bank, but the removal of the funds sent me into overdraft, costing me additional fees. In all the cases, I politely let them know that their check was returned (which they usually already know is a possibility, thanks to online banking) and what additional funds are needed to cover any associated fees. It's not a comfortable conversation for anyone involved, but if you treat it as if you're talking about the weather, it can be pretty painless. On the bright side, you've probably learned not to take checks, especially post-dated ones, for payment for goods. Cash only from now on! :-)

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S.M.

answers from Washington DC on

Definately let her know (she will eventually know it bounced but may ignore it). Jus ttell her you understand these things happen, but you need a new check and please include the $10 fee your bank charged you. FYI, she probably paid a bounced check fee too, but it is SOP for both banks to charge this.

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S.G.

answers from Cheyenne on

I'm confused...this doesn't make sense. Did you cash the check or deposit it and then write checks to pay bills? Because if you CASHED the check, it's HER that should have the fee, not you...but they would just tell you there were insufficient funds to cash it and tell you to come back later. Sometimes, if you are wanting to cash a check for a large amount, the bank will hold the check for up to a week to make sure the funds are available to cash, but I don't understand why you would get an overdraft fee if you had money in your account but she didn't have the funds for a valid check. If you waited until the date she had on the check, then just don't tell them she postdated it...treat it like it was written that day. But if you DEPOSITED it and it didn't go through, then I can understand where you would think you had more money than you actually did and then paid bills accordingly. Still annoying, but in that case, you are at fault for not checking that her check was cleared before using the money. But banks DO make mistakes, so I would call them, or better yet, go in person and sit down with someone from the bank and explain it and maybe they can give you more information on why you have the fee, etc.

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J.S.

answers from Jacksonville on

Banks usually charge a return check fee because it is supposed to help with check kiting.

Like others said you can try and contact the bank and see if it will clear. However, come banks will not release this information and some will only attempt to clear a check twice, after that it is considered "dead" and will not honor it any longer.

Your best recourse is to get in touch with the person and let them know what has happened. Let her know about the fee and ask her to bring cash. Make sure you write her a receipt for it.

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C.G.

answers from Colorado Springs on

Hello,
I had the same type thing with a pay check. I just called my boss (owner of the company) had a little small talk (how goes it, how long will this job last, etc..)then I brought up that my pay check had bounced & that my bank charged me $12 for that. She apologized for that & promised to make it all good. Thank goodness like you I had enough money in my account to cover it.

Anyway, I then printed off my account online a copy of the notice, the check & the fee being charged to me. Took her a copy & she just wired the funds to cover it all to my account. Now when she pays me, I go directly to her bank & cash my checks.

I don't know if that is how you want to do it, but that is how it worked for me.

Good luck,
C.

1 mom found this helpful

T.F.

answers from Dallas on

My understanding is that a post dated check is not legal.

1 mom found this helpful
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J.K.

answers from Missoula on

She may not have written you a bad check on purpose. I had the bank deposit a check into the wrong account and then when I wrote checks they all bounced. Luckily I was able to get it corrected and the bank eventually took off all the NSF fees. I had no idea that I wrote the "bad" checks and was very embarrased to have to go and explain to everyone what happened.

1 mom found this helpful
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