Legal Question in Banking Law in Virginia

I wrote a check that came back non-sufficient funds. I was contacted and told that there was a $30 fee, so I sent a MO for the amount of the check, plus the $30. After I sent it, I was contacted and told there was a SECOND fee of $35. The check was for one of those home partys (where you order products). I wrote it out to the consultant (or whatever they are called) and not to the company. She claims that the company charges $30 and that SHE is going to charge me the $35. She now claims she is going to take me to court if I do not pay the second fee. Is that legal? She never stated that in the beginning, and there was no documentation about this second fee. (I looked, and there was a notice about the $30.) The second fee only came up AFTER I sent out the MO.


Asked on 10/24/09, 12:05 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

As to the legality of the $35 second charge, on these few facts it would be hard to say, but in any event, it's unlikely that this company would be taking you to court for $35(in my opinion).

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Answered on 11/01/09, 11:20 pm


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