Legal Question in Civil Litigation in California

I had an operation the end of last year. Apparently the hospital realized I overpaid my bill and sent me a refund check for almost $3,000. I deposited the check into my account a few days before Memorial Day weekend. After the "pending" status was over, I paid my monthly bills ahead of time with that money. On Friday, May 31st, I checked my bank account on line and my $3,000 check had a stop payment placed on it. Luckily I have overdraft protection and encountered some bank charges totaling $25, otherwise I would have had 5 checks bounce.

I was upset the entire weekend as this freaked me out a bit since I have over 800 credit score and don't handle my life this way. I had to wait until Tuesday, June 4th to contact the hospital billing dept. The billing dept. didn't know why the check was stopped and said they would look into it. I didn't receive a call back until Wednesday, June 5th. They said they meant to place a stop payment on a different check which check number was one number off from my check. The check they sent me was mine and they made a mistake by stopping payment on it!!

If I were the hospital, I wouldn't have just stopped a check on someone...I would have telephoned them or contacted them so as not to stress out their life for a few days like they did to me and mess up my bank account.

They finally sent me a new check for $3,000. They said the will refund me the $25 for my overdraft protection if I show them proof! I feel they should do a little more than that as I was definitely a victim in this matter and didn't like what they did to me. Please advise what I shoud do. Should I ask for some compensary money for the hassle they put me through and if so about how much should I ask for? Thank you so much.


Asked on 6/07/13, 4:28 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

This doesn't seem worth fighting over. The hospital has made good on the check and is willing to reimburse you for the related fees. I know it's a bit aggravating, but aggravating things happen sometimes.

It seems to me all the hospital owes you is $3,025 and an apology. You've received $3,000, and I'll bet you've received an apology, too. Just send them the documentation they asked for, get the remaining $25, and be done with it.

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Answered on 6/08/13, 1:39 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Get over it. If you sue for this you should receive a Stella Award for the frivolous lawsuit of the year.

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Answered on 6/09/13, 1:19 pm
Charles Perry Law Offices of Charles R. Perry

If you were reimbursed for all your out-of-pocket expenses (such as overdraft fees), you should consider this matter closed. You have no cognizable court claim for emotional distress or aggravation here.

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Answered on 6/09/13, 11:38 pm


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