Post Dated Check Sent Early

[jkwade]

My Dentist accepted a Post-Dated Check for some Dental work that he did for me. I specifically asked him if I could post-date the check for payday and one of his front desk folks said Yes.

However, Instead, he put the check through causing my bank account to bounce with $100 dollars in bounce fees.

I asked the Dentist if he would re-imburse me or give me credit in the amount of $100.

His answer was No.

Basically, Sorry, tough luck.

Can I file suit against him in small claims court?

I had one lawyer mention it would be my word against his word and there was no sense in going to court. However, isn't the fact that the check had a date of Feb. 7th written on it, and given to the Dentist on Jan. 31st, and the fact that on Feb. 2nd the check cleared an indication of written proof? I would think that my word would be backed up since the check was dated Feb. 7th.

Thanks...James

 

[seniorjudge]

Q: Can I file suit against him in small claims court?

A: And you might even win. You will, of course, have to change dentists!

 

[upforgrabs]

wade,

first- why didn't you go to one of them pay day loan stores before your appointment, to get the funds needed for your dental work? this would have eliminated the whole mess. Or, you could have just waited until you got paid- I don't know that a toothache has ever killed anyone.

second- was the lady at the front desk hot? if she was, then she is most likely running some kind of check fraud scam with the dentist.

i suggest that you call your local authorities and press charges, then contact an attorney immediately.

thanks,
upforgrabs
posts are my opinion only and have no legal meaning whatsoever