Legal Question in Consumer Law in California

check charges

I wrote a check to Target, i got my paydate wrong and my check was returned nsf. It was subsequently redeposited and paid by my bank. My questions is, can Target charge me a service charge after the fact?


Asked on 7/19/04, 11:48 pm

1 Answer from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: check charges

You cost Target money by tendering an nsf check. However, you don't owe Target whatever amount it decides you owe. You owe them a fair and reasonable calculation of what you cost them. That would include any service charge that Target had to pay to its bank as a result of your check bouncing as well as, perhaps, interest on the money that they were without for a few days. Many merchants charge about $25. I think there are reported cases where courts have held that a $25 charge was more than the merchant was entitled to. The amount of the check is a factor to consider in trying to determine what a fair calculation of damages is.

I would consider this a case of "choose your battles" and just pay what they're asking for. However, if you want to be a crusader for consumers everywhere, thumb your nose at them and offer what you think is a fair amount.

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Answered on 7/20/04, 12:03 am


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