Legal Question in Consumer Law in Florida

post-dated check

I have a written contract with someone for a sale. She sent me a payment early and I cashed the check. Come to find out later, the check was post-dated (I didn't even look at the date, I just figured she wanted to get payment out of the way). She is now accusing me of breaking a verbal agreement we had to hold the check (there was no such agreement, no note sent with the check), and is insisting that I pay her bank fees. She is also refusing to pay the next payment until I pay her fees. She is in Pennsylvania, I am in Florida. Does she have any recourse to force me to pay these fees for her? She is threatening small claims court in Pennsylvania. Would I have to fly up there?


Asked on 2/18/07, 8:52 pm

1 Answer from Attorneys
Johm Smith tom's

Re: post-dated check

From these facts, the answer is no to both questions. But you should respond to any court notice you get to avoid getting a default judgment against you.

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Answered on 2/18/07, 9:06 pm


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