Legal Question in Banking Law in California

The company that issued my payroll check - in error -stopped payment on my payroll check and did nlot let me know. this resulted in me having no money for several days and caused several items to be returned for non sufficent funds which cost me money. I have asked themto reimburse the bank charges. They are not responding to me. Can I take them to small claims court here in California and get back my $75.00 paid out in bank charges as well as for emotional and physical duress?

Thanks, Linda


Asked on 7/26/11, 1:47 pm

1 Answer from Attorneys

I am sorry to hear about your unfortunate situation. You may have a case, but you should decide if it is worth suing you company for $75. (It is very unlikely that you would be awarded anything for emotional duress.) If I were the judge it would probably come down to whether the funds were ever in your account. If the check cleared and you reasonably believed that the funds were available and then you wrote the checks I would rule in your favor. If you wrote the checks and the funds were never in your account I would rule in favor of your employer.

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Answered on 7/28/11, 9:27 am


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