i was issued a payroll check that i cashed at a store. now the store has hired a lawyer and i recieved a citation telling me that i am responsible for the amount of the check because it came back as nsf. Is this legal?
I'm sure you feel wronged because you didn't do anything wrong. And that's right -- I'm sure you weren't trying to pass a bad check. But when you ask someone to cash a check for you, you're representing that the check is good -- no one would want to cash a check that's not good. If the check turns out not to be good, it's your responsibility to make it good. When you reimburse them, the store will return the check to you and you can then proceed against the employer who issued the bad check, both through the parish district attorney and possibly state labor officials. Keep in mind that the store probably didn't "hire a lawyer." It probably has a lawyer to whom they send all the checks that are returned to them as NSF, and the lawyer sends out letters as a matter of course. You need to immediately contact the lawyer and let them know it was a payroll check, you did not know it was bad, and express your willingness to make it good. Since you're an innocent party in this, you might ask if they could waive any fees, or if you don't have enough money if you can make payments over a period of time. It's a shame that you're caught in the middle, but for now you need to make sure that you don't suffer any more damage.
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