Legal Question in Consumer Law in Missouri
Post Dated Check
My dog's Vet offered to let me post date a check for the bill I owed , I have done this several times before at the same vet. The check was dated for June 13,2002. The check went through my bank on June 5,2002.My bank says there is nothing I can do about it. In the past 7 days I have over $300. in overdraft fee's, all because of the check being deposited 8 days early. I will have to pay more fee's for the check's that were returned. Is there anything I can do ? Who should be responsible for this ?
1 Answer from Attorneys
Re: Post Dated Check
I am sorry to learn of your problem. I don't know if you have any recourse with your vet, but you should certainly call him and ask him to make good on the late fees- the idea of losing your business may be enough to induce him to pay some of the fees you incurred.
You should also call your bank. If the check had a 6/13 date on it, they should not have honored it prior to that date, at least without calling you and making sure the check was valid, not stolen, etc. They should refund the charges, and have the power to do so. Unfortunately, that still leaves you with the fees from merchants where other NSF checks were passed.
From a legal standpoint, I am afraid I can't offer anything else, but am happy to speak with you on this issue. Understand that neither The S.E. Farris Law Firm nor Lawguru.com represent you at this point.
Best wishes.
Spencer Farris
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