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My fiance wrote a check to Walmart that bounced by a few dollars. The check went back through a 2nd time and cleared. So the check got paid and was never returned to walmart. In addition she was charged a 35.00 fee from wachovia which was paid out of the account. We never heard anything from walmart and never expected to as the checck had been paid by the bank. 3-weeks later we notice a 30.00 EFT in her account from "Automated Debt Telesvcfee". This unauthorized and unexpected fee resulted in another overdraft charge of $35.00 from the bank. The bank says they have the right to act on walmarts behalf and let them put through an eft ffor the fee they claim we owe them for the check that was actually paid and was never returned to them. The bank refuses to reverse the charge although the check was paid and walmart has no right to a fee.....also even if it was not we assume that this is illigal as they can not show we authorized walmart to do this. We assumed that even if the check was never paid (which it was) that walmart would have to use a civil court in order to recover a fee and not be able to just put it through the bank and the bank let them.
If you can truly offer advice and are in the legal field you can email us at personal info removed - Jason




The check was more than likely returned to walmart who put it thru for a second time. Unfortunately when you write a check you are responsible for the NSF fees on both sides....Walmarts and the banks. NSF fees used to be quoted right on the counter of the stores and they can charge you whatever your state allows.

Ok...did a little googling.. (I dont write checks...I use my debit card for everything.) Apparenlty when you use a check you get slip of paper to sign...that is the electronic funds transfer policy. Apparently that states all the fees and you give them permission to debit you.

Sub: #1 posted on Mon, 03/21/2011 - 03:19

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