Legal Question in Consumer Law in California
My wife walked into a US Bank on January 14, 2011 and wrote a check for 466.80 and presented the car payment check to the teller. My wife received an official receipt & bank payment credit in return. Today, the US Bank Assistant manager called and said their branch lost, mis-placed or the check was shredded by accident and wanted us to write a new check for the above amount. I called my bank and confirmed the check my wife presented was NOT credited to US Bank and had not been processed. The US Bank Manager said it was their fault the check was lost mis-placed etc and they know the check and above amount was presented.
My question is, am I legally bound or required to write a new check for the above amount since it's their screw up to begin with? or does the bank have to eat the amount due to poor document keeping.
2 Answers from Attorneys
You are being very unreasonable, and the bank should drop you as a customer. People, like banks all make mistakes. Get over it.
Yes, you are legally obligated to present a new check for payment. You may want to ask the bank to waive any late charges that may have been incurred due to this problem.
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