CanI sue for damages over a postdated check that was deposited before the argeeed upon date resulting in several overdrafts to my account?

UPDATED: Jan 6, 2012

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CanI sue for damages over a postdated check that was deposited before the argeeed upon date resulting in several overdrafts to my account?

I entered into a verbal agreement with a local body shop to buy some tires. T were suppossed to wait until I got paid to cash my check but they cashed it early causing me a lot in overdrafts. A week later the bank wrote me a letter saying they returned it again and charged me $20. The next day I got a direct deposit and the bank posted it as paid but overdrafted and charge me another $20.

Asked on January 6, 2012 under Bankruptcy Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you had an oral agreement with the local body shop as to when your post dated check could be deposited for services and materials rendered and the body shop deposited the check earlier than agreed to resulting in many unanticipated fees resulting from checks that failed to clear, you can bring an action for breach of contract against the auto body shop preferably in small claims court for your damages.

The problem that I see is that you have the burden of proof under the oral agreement. It is always best to have a written agreement in any business transaction. However, you do have a post dated check that was deposited on the early side to support your oral agreement to wait for the deposit.


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