Legal Question in Consumer Law in Missouri

Bounced check fee liability

I need to know how much ''proof'' of a verbal agreement to hold a post-dated check I will need to try to recover the insufficient fund charges from a company that did some work for me. (not a payday loan situation). I have a post-dated check, the bill with the same date as the check with the business owners signature, and the fact that the business did not charge me the ''bounced-check'' charges that they were going to (admittance of culpability? I am guessing that they don't do that often.) Thanks.

Keith


Asked on 10/24/03, 11:48 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Bounced check fee liability

Some agreements are not subject to being proved verbally. Others are. The "proof" would most likely consist of your testimony.

There are numerous defenses to the situation you describe, and without knowing the parameters of your situation, it is very difficult to assist you. Although you tell us this is not a payday loan situation, you do not tell us what it is.

Good luck

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Answered on 10/26/03, 12:13 am


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