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  1. #1
    Join Date
    Nov 2006
    Posts
    2

    Question Liability for a store clerk error

    Recently, my 18 year old daughter cashed a check at a local convenience store (in AZ). The check was for $78 but the the store clerk, who barely spoke english, gave her $978 instead. She briefly thought he was joking, and even commentend that he should 'quit playing around and please give her her money'. He handed her the $978, and she left.
    I told her she should consider giving the money back, but I am doubtful that she will. I am wondering what if anything, they can do from a legal standpoint if they figure out where the money went?


    Thanks in advance for your consideration!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Liable for store clerk error?

    If they figure out that she has the money, they can demand its return. Particularly if she refused to do so, there would be a potential for criminal charges.

  3. #3
    Join Date
    Nov 2006
    Posts
    2

    Default Re: Liable for store clerk error?

    Would it be appropriate for the clerk to show up at my home? This is exactly what he did. After leaving my daughter a nasty voicemail message stating "I know who you are, you come in my store all the time, and I want my money or I will be coming to your house...I know where you live......". Then he showed up at my house today while I am at work and rung the doorbell several times, and when my husband went outside and informed him that my duaghter wasn't there he (the clerk) hinted at violence. I am tempted to call the police, but I don't know if the police would pursue charges against my daughter- although she has not refused to give the money back. She has not spoken to anyone representing the store.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Liable for store clerk error?

    The clerk shouldn't be showing up at your home. It is unlikely that your daughter would face charges, particularly if she remains willing to pay back the money. She could likely do so using the police as an intermediary, or by contacting the store's management to arrange repayment.

  5. #5
    Join Date
    Apr 2006
    Location
    Midwest
    Posts
    2,239

    Thumbs down Re: Liable for store clerk error?

    The proper thing to do was to NOT leave with money that she was not entitled to.

    Pity that she excercised such poor judgement!

  6. #6
    Join Date
    Mar 2006
    Location
    I live here. Actually in a little area called the Knob. In Ohio
    Posts
    292

    Post Re: Liable for store clerk error?

    It is very odd that the store clerk would appear at your home. When I worked as a cashier and a bank teller I was told to do the three count rule, read the amount count it out once. Read the amount count it again. Drop the check in my safe and count the currency back to the customer. I was also taught that if I made a error in my favor I would be suppended or lose my job after three errors. If I made a mistake in the customers favor then it was my responsibility to repay it. It's been that way in most banks and stores in Ohio that I have worked at.

  7. #7
    panther10758 Guest

    Default Re: Liable for store clerk error?

    I find entire story suspect. The local 7/11 and like donot cash checks! If they do it not for such a large amount! Why was this check being cashed? How did clerk find her address name etc? too many questions

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