Legal Question in Business Law in Nebraska

check issue

On 9/8/2007 I purchased a motorcycle from a person in Des Moines IA, I purchased this via a loan thru Navy Fed. Credit Union. They gave me a check which I was to endorse on the back, of which I didn't realise, The seller took the check and cashed it later at US Bank, and noone at that bank noticed the discrepency. Friday (9/14/2007) I called Navy Fed. and they stated that the payment was made to his account but it probably hasn't cleared his bank yet. Us bank also told the seller that the funds cleared. Apparently later that day Navy Fed. either took the funds back or never truely credited the money. Today (9/18/2007) the seller calls up telling me that the check didn't clear and that he bounce a bunch of checks because of it (around 250 in overdraft fees), and he want's me to pay for these overdraft fees. I also contacted Navy Fed. today and they stated that they never paid the check.

So the question is who's liability is it to pay these overdraft fee's, mine for not endorsing the check, the seller's for not checking to make sure the check was fully endorsed and for writing overdrafted checks without having confirmation of the check clearing or US banks for crediting the account and telling him it cleared.


Asked on 9/18/07, 3:01 pm

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: check issue

You are not responsible for the overdraft charges. The seller has primary responsibility for improperly endorsing the check. US Bank may have some liability to seller, but have probably excluded that liability in the customer agreement they have with seller. Likewise, the credit union is not responsible. Seller may be able to persuade his bank to refund some or all of the overdraft charges as a matter of goodwill. You are, however, obligated to make certain that seller does receive payment for the motorcycle in a timely fashion and do all that you can to help him receive prompt payment from the credit union.

Read more
Answered on 9/18/07, 4:19 pm


Related Questions & Answers

More Business Law questions and answers in Nebraska