Legal Question in Credit and Debt Law in Pennsylvania

Bounced check / fundraiser

I recently cashed a check that someone wrote me. It turned out that the check bounced. I felt bad for the other person because she said that this one bad check cost her $30.00. Plus she was bouncing other checks because of it. She stated that I had to pay her the $30.00. So I gave her the $30.00. She had originally purchased a $12.00 fund-raiser from me. Now I have paid her over twice the amount of the original check. Am I still obligated to give her the fund-raiser when it finally comes in? I have paid darn near twice the price and she thinks I still have to give it to her.


Asked on 3/11/08, 12:25 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Bounced check / fundraiser

You asked about providing product after payment that bounced.

My guess is that you are very young. When someone bounces a check they (the drawer) is assessed a fee (an overdraft fee) by their bank for bouncing the check. The petrson that accepted the check (the payee) is also assessed a fee for the bounced check (a Returned Check Fee). It is the responsibility of the drawer to issue checks that are good. Moreover, the check is usually returned unpaid.

In many cases a drawer can be held criminally liable for issuing a bad check.

You got hornswaggled. The drawer should have paid you the returned check fee that your bank charged you. If the check was negotiated (paid) then you essentially do owe her the goods. But she owes you the return of the money you paid her.

Bring this to the attention of your parents please. They will help you out. Also, show them your question and this response.

Essentially, when the idiot drawer issued the check she was responsible for all the repercussions when it was denied due to Not Sufficient Funds. (And seriously, only a true idiot bounces a check for $12.) Though I probably did so at some time in my life also.

At the least you learned an expensive lesson about managing your accounts.

Regards,

Roger

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Answered on 3/11/08, 3:23 pm


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