Legal Question in Credit and Debt Law in Texas

Returned Check Fees

I had written checks to a local grocery store on 2 different days that were returned unpaid by my bank. Upon notification from the store that the checks were outstanding with a request for payment plus processing fee, I obliged. Once the company received my replacement check they ran my two original checks back through my bank and were paid. The company then returned my replacement check to me due to payment being made by original form and are now requesting payment of $25.00 each, total $50.00 in exchange for removing my name from a ''negative file.'' This negative file prevents me from being able to write checks elsewhere.

I have two questions: 1) Can the company legally request this fee, with my being obligated to pay, although the checks were honored. and 2) Can they keep my name on this ''negative file'' for a processing fee payment only?

Thank you.

1 Answer from Attorneys

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