View Full Version : Return Check Due To NSF And The Fees That Follow....
03-10-2009, 07:33 PM
I have a daycare parent that paid me with a check a few weeks ago, and the check came back insufficent funds. The mother called me and told me that the check was out of order (way out) so the bank canceled the check as they thought it was fraud. However.... Since she wrote me that check, it has caused me to have 6 nsf fees of $35.00 each. (totaling $210.00) Now, she has since paid me the weeks fee, but not any of the nsf fees. Am I wrong to demand they be paid, as they wouldn't of happened if her check would have cleared. Urghhhh I am so upset about this. What should I do?????
03-11-2009, 12:07 AM
Make her aware of the bank fees. She needs to reimburse you. You should not absorb them.
03-11-2009, 01:47 AM
I agree! Payment is her responsibility and you are entitled to the fees that occurred because of her check. If she refuses to pay and you two can't come to an agreement, you have the right to take the claim to court and the check itself straight to the sheriff's office. $210? That's ridiculous...
03-11-2009, 05:52 AM
This is what my contract says:
Checks will be accepted. If, however, the bank returns your check, you will be responsible for any and all fees assessed to my account, including and not limited to 15.00 a day late fee till monies are paid. My limit is 2 checks, if your bank returns your check a second time, your fee will be accepted in cash only. In the event of a stop payment on a check, parent will be responsible for, 15.00 a day late fee, all court costs incurred and all fees assessed to my account as a result of the stop payment.
Please feel free to use this statement for your contract if you like.
03-11-2009, 11:59 AM
Definitely charge the fees to her. And if you dont have a contract yet, get one and include that. Mine states that if an NSF check happens, they are liable for their original fees plus a $35 NSF fee that I charge plus any damages to my account that my bank charges. I know some people even charge late fees from the date of the check to the date that the pay is caught up. She should have to pay your damages, though.
03-11-2009, 06:32 PM
Ok. Today I go to her bank and talk to the bank rep. He says her check bounced due to insufficent funds. Not the BS lie she told me. Since she has paid me the regular weekly fee plus a fee of $40- she claims she doesn't owe me anymore. That it's not her problem my personal account is negative.
But here's the real kicker.... now she tells me tonight, through email, that their last day will be Friday. Well she still owes me a 2 week notice. I told her that I must be paid the full 2 weeks on Friday morning. And they can attend for the next two weeks. But regardless if they come or not, I must be paid for the next 2 weeks as per contract. (by the way all this was in my contract she signed)
This is becoming a HUGE nightmare. And I really want it to end. I have a feeling this one will have to go to court.
03-12-2009, 10:04 AM
That's unfortunate. Usually things can be worked out responsibly by both parties. At this point you simply file in Small Claims Court. It is a modest fee and will be straightened out for you in short order. Don't spend too much time worrying about this, it is part of doing business and you have options at your disposal.
03-12-2009, 11:07 AM
i agree with you Micheal! Its only 65.00 to file a claim in my county, now it may be more for some. Now taking her to court and collecting will be two different things....you may win the judgment but actually collecting the money could be come a problem, so i recommend these guys http://www.providerwatch.com/v2/ I haven't had to use them yet but it is a collection agency and it will hit her credit report. I pay 10.00 a month so is fairly reasonable. Good luck.
03-12-2009, 04:52 PM
and the check came back insufficent funds. ......... check, it has caused me to have 6 nsf fees of $35.00 each. (totaling $210.00) .......... but not any of the nsf fees. Am I wrong to demand they be paid, as they wouldn't of happened if her check would have cleared. Urghhhh I am so upset about this. What should I do?????[/QUOTE]
You are saying you were paid - the check did not clear. So, if she paid you 100.00 and it didn't clear - then you would only have that 100.00 to deduct back out of your bank account. Now, IF you deposited her check - AND DID NOT WAIT TO MAKE SURE IT CLEARED -- and you wrote checks against it --- that's poor management on your part. If you had other items in your account that bounced - it is 100% your fault. You cannot use deposits ==UNTIL they have cleared. So, my professional opinion is Yes, you are wrong to expect her to pay. So, for future reference - never count on checks being 'good' you must (legally) wait for them to be credited to your account as a cleared item.
I use a seperate account to deposit all of my DC income. Then I transfer all money into my regular checking account (at the same bank). If a check is returned then I recieve a $10 fee for a deposited item being returned and the DC income account has a negative balance. But my main checking account isn't affected. Additional benefit is all DC income is tracked through the one account and other personal deposits are made into the other account.
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