Legal Question in Consumer Law in Texas

Check Recovery System

My check to a vets office was sent to a Check Recovery System because when it was submitted to my bank a large chunk including the account number was tore out of it. My bank returned it stating that it was unable to locate the account with the given information. I was contacted by the CRS saying that I must pay an additional fee of $37.89 because this check was dishonored by my bank, due strictly to them not being able to read the account number. I have talked several times to the bank, the CRS people and the vets office where I had written the check. It appears that even though the check was fine when I presented it, I will still be held responsible for this fee. Is this legal? I could understand if it was because of INF but this has never been the issue. Thank you.


Asked on 7/05/06, 5:31 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Check Recovery System

You can continue to advocate your position that the check was fine when you tendered it. This is strictly a factual issue which you can contest if they attempt to put it on your credit record. Or you could seek a declaratory judgment that the facts are true as you state them. Much more expensive alternative.

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Answered on 7/05/06, 6:00 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Check Recovery System

In addition to Mr. Grissom's good advice, you can pay the charge and ask the Vet for reimbursement since the check was good when you gave it to them and any damage happened while they were responsible for it. If push comes to shove, you can go after reimbursement in Small Claims Court.

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Answered on 7/05/06, 7:09 pm


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