Legal Question in Credit and Debt Law in California

I live in California; I wrote a check to my gardener for 60.00 and he cashed it at a local grocery store. The first time the store submitted the check it was returned for insufficient funds but they resubmitted the check to my bank and it was cashed for them. The grocery store sent me a letter demanding 25.00 for for having to submit the check twice. Am I bound to pay the grocery store since I never tendered the check to them but rather to my gardener and I never agreed to pay them a fee for handling my check. I feel that their issue is between the grocery store and my gardener... am I correct?


Asked on 7/18/15, 9:53 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

The check bounced because of your mistake. The store's bank charged them a fee for the returned check and they lost staff time dealing with this issue. Your gardener shouldn't bear the risk of this loss. Legally, the gardener could pursue you if he has to pay. Morally, you should pay the $25 to fix this.

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Answered on 7/19/15, 12:35 am


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