Legal Question in Banking Law in Pennsylvania

checks made over the phone

I authorized a check on April 15, 2005.The company did not submit it until April 19, 2005. My bank denied the check.Now 2.5 years later their coming after me for the amount & damages.What are my legal rights in a situation like this.


Asked on 11/06/07, 10:51 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: checks made over the phone

You asked about a bounced check.

A check by phone is very similar to a check in any other format. But, there are specifics that make such checks less enforceable than written checks, namely that the instrument isn't signed by the party to be charged.

Of course they can recoup the amount of the check, particularly if you used the services or retained the goods. Damages would be particularly hard to sell to a judge beyond a basic bad check charge (usually $20-$50). Damages in a bed check matter are outside the scope of the applicable law, and would be an extraordinary remedy.

The statute of limitations on consumer debt in PA is generally 4 years.

Hope that helps.

Regards,

Roger

Read more
Answered on 11/06/07, 11:03 am


Related Questions & Answers

More Banking Law questions and answers in Pennsylvania