Questions and Professional Answers

• Is receipt in writing mandatory or note to prove cash payment

  a person taking loan from Non banking fincance company throuth a/c payee cheque and issuing his a/c payees cheques to dishcarge the loan, but some of them dishonoured and two cases u/s 138 NI act were lodged against him, he appeared in cross examinatin and takes a plea that he paid cheques in cash in front of two persons but without taking receipt or cheques back in good faith. Whether any borrower at any time can put two persons in court to witness cash payment even if there is no receipt at all. What is the law as far as receipt is concerned whether it is mandatory to take receipt in evidence of cash payment or not? on the other side, if a borrower pays in cash and he is not giver receipt while making cash payment what remedy he has in law. What is mode of proof of cash payment?

  • Re: Is receipt in writing mandatory or note to prove cash payment

    Receipt is the best mode to prove the transaction but if there is no receipt then transaction can be proved through witnesses.

    sidharth Advocate
    INDO-GLOBAL JURISTS
    255 AGARWAL MODERN BAZAR , C-33 KESHAVPURAM INDUSTRIAL AREA, DELHI-35
    Delhi, NUS 110035

  • Re: Is receipt in writing mandatory or note to prove cash payment

    Receipt is not mandatory. There are several methods by which cash payment can be either proved or disproved.

    Shrichand Nahar
    S.V.Nahar, Advocate
    
    Pune, NUS 411004

  • Re: Is receipt in writing mandatory or note to prove cash payment

    Receipt is not mandatory but if receipt is there its a better proof in the court

    Aniruddha Pawse
    Aniruddha.P.Pawse Advocates
    3,Ramchandra Smruti, Bhaskar Colony, S.V Rd, Naupada,
    Thane(w), NUS 400602

  • Re: Is receipt in writing mandatory or note to prove cash payment

    Receipt is enough to prove the monetary transaction any type of deal. Please contact personally alongwith the details.

    Homi Maratha
    N.N. Maratha & Co.-Advocates
    
    Ahmedabad, NUS 380015

• ''receipt or acknowledgement of payment''

  i am making monthly payments to a local bank.(for a loan that i had taken)the bank does not issue a receipt nor is willing to acknowledge the payment.is their a law to protect my rights to get a receipt when i make payments?if yes, what is the law? kindly state the law if possible.thanksregards

  • Re: ''receipt or acknowledgement of payment''

    I suggests you contact the Illinois Departmentof Financial Institutions and explain to thatdepartment in writing the problems that you arehaving with the bank.

    Zedrick Braden III
    Law Office of Zedrick Braden III
    203 North LaSalle, Suite 2100
    Chicago, IL 60601

• Storage Rent Payment Stolen by Clerk

  When I paid my storage rent for three months (in advance), I was told the computer was down and I accepted a hand written receipt from the uniformed clerk taking my payment of cash.The receipt is professionally printed w/ the storage company's logo, address, etc. It is also properly dated indicating payment date and when I should be due again, payment by cash, etc. As well, it bears the full legible signature of the clerk.I am now being denied access and being told that I have to pay again (along w/ late fees now) as my payment was never entered into their system. They refuse access and proper accounting despite my showing them the receipt. The clerk is no longer employed there. I suspect many other tenants are suffering the same. Is this company legally obligated to honor this receipt?

  • Re: Storage Rent Payment Stolen by Clerk

    If you actually paid the rent agreed to in the contract, and they are denying you access and demanding additional payments, you have legal rights. The receipt is not necessary, but will likely be good proof. You should try and have a conversation with the owner and explain the situation, and if not resolved, follow up this conversation with a letter detailing the pertinent facts. If they continue to deny you access and demand additional payments, you should consider a lawsuit.

    Philip Friedman
    Bonifield, Friedman & Leifer, P.A.
    3502 Henderson Blvd. Suite 203
    Tampa, FL 33606

  • Re: Storage Rent Payment Stolen by Clerk

    NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.Yes. The company is legally bound to honor its own receipt. If a clerk stole from the company, that is their problem and not yours. You need to speak with the owner or manager to try and resolve this problem. If that does not prove to be successful, you might wish to speak to the national office if one of the chains. You can also file a complaint with your local consumer affairs office of your county or the Better Business Bureau. As a last resort, you may wish to consider a small claims action against the company.Scott R. Jay, Esq.

    Scott R. Jay
    Law Offices of Scott R. Jay
    1575 Northeast 205th Street
    Miami, FL 33179-2133

• receiving a payment

  I recently sold a item on ebay to a woman in Georgia for $470.01. That was a month ago and I have not received a payment for it yet. When I sent her messages at first she would respond by saying give it a few days, then it became I sent it theres nothing else I can do. I responded by saying she has the receipt and can trace it. First she said she had the receipt now she says she doesn't. What can I do to get my money?

  • Re: receiving a payment

    The best thing to do in your situation is to repost the item and try to sell it on ebay again. You won't be charged the standard selling fee for the purchase that went sour. Simply note to ebay that the buyer didn't pay and they will give her a strike against her records. I believe if you get 3 strikes on ebay, you get banned.Taking her to court would not be a wise decision in this case.

    Gabriel Cheong
    Infinity Law Group
    One Adams Place, Ste 400
    Quincy, MA 02169

• Home Oil Delivery

  A cash payment for oil delivery was made. Money was left as arranged. Oil was delivered and a receipt left by the truck driver. The box marked ''cash'' was checked on the receipt with the amount in the ''total'' column. There is another box at the bottom of the receipt labelled ''customer signature'' where the truck driver wrote ''sending''. 2 weeks later the oil company called and said they did not receive the payment. They have called numerous times requesting payment and are now threatening to come to our house and remove the oil from our tank. What are our rights?

  • Re: Home Oil Delivery

    Why why why would you leave cash in an envelope outside of your house?? Why would you pay in cash??It would seem to me that you should call the police and report a theft. The receipt would seem to indicate that the driver stole the money, but that's for the police to determine. If the police determine that the driver stole the money, this would put you on firmer ground with the oil company.The oil company can't remove the oil. They can, at this point, demand payment. There are no "rights" that you have--this is a contract dispute. The contract is that the company would provide oil and you would pay for it. At this point, the oil company delivered, and apparently hasn't received payment. They can send your account to a collection agency or sue you for payment.

    Charles A. Pascal, Jr.
    Law Office of Charles A. Pascal, Jr.
    P. O. Box 103
    Leechburg, PA 15656-0103

  • Re: Home Oil Delivery

    You don't have rights, this is a contract. They cannot "come and take oil from your tank." Once that commodity has been delivered it is yours (for reasons that I won't go into). What they can do is dun you for collection of the outstanding balance. Unfortunately it sounds like there was an element of trust here where you left cash for the delivery rather than a check. You need to prove that you paid for the delivery. Without a reciept from the oil company or a cancelled check there is no way to prove that you paid. Either some prior to the fuel delivery stole the money or the delivery person stole the money. There is the potential that there was a clerical error, but I don't think so. If you can't prove that you paid then you still owe the money for the delivery and the oil company can do waht it needs to do to collect.Good luck and regards,Roger Traversaemail: LawGuru@Arjont.com

    Roger Traversa
    Arjont Group (Law Office of Roger Traversa)
    P.O. Box 1932
    Philadelphia, PA 19105

• Receipt/Bill of Sale

  If requested, are vendors required to provide a receipt for any purchase (e.g. is a housing community required to provide receipt to the renter for each months payment, if requested)

  • Re: Receipt/Bill of Sale

    Generally, no, unless, perhaps, it's required under a provision of the lease. (Many renters rely on photo images of cancelled checks provided to them with their monthly banking statements as their receipts for rents remitted.)

    Michael E. Hendrickson
    Attorney & Counsellor at Law
    211 North Union Street Suite 100
    Alexandria, VA 22314

• employee at city utility company stealing our payments

  my husband always pays our utility bills in cash and gets receipts. we recently got a disconnect notice for a bill we know we paid. they said we didn't. we were able to produce receipt. they also showed us payment history with late payments and ''calls to make payments'' which we never did and we had another receipt for a full payment and the report showed partial payment and we supposedly called to make a payment. city hall knows an employee is pocking this money and then pretending to be us to make payments at a later date. we've given proof..but they want to sweep under the rug. this bad payment history tnat we never accrused could affect our credit what can we do? we want her prosecuted and they want to wave it off..even after they asked if we'd make a sworn statement to the police.

  • Re: employee at city utility company stealing our payments

    What a mess. You might try contacting the county attorney for your county directly, or the Iowa Attorney General. If that fails, you may need to contact an attorney.

    Thomas Moens
    Moens Law Offices, Chartered
    1523 52nd Avenue
    Moline, IL 61265

• Hidden Charges

  I purchased 2 packages on 29 Oct 1999 for a cruise in October of this year. The receipt states that the amount due is 0.00. The receipt also states that "Payment - Full" and Confirmed. Today I get a phone call stating that I need to pay an additional $40.00 to cover a new airline surcharge. Apparently it's required for anyone flying after March of 2000. With the receipt stating that it's paid in full, do I need to pay the additional $40.00?

  • Re: Hidden Charges

    Depends on your contract. If you agreed to terms (i.e., by signing a document that says you read and accept the terms printed somewhere else) that allows the seller to charge more for those things, then all your "paid in full" receipt indicates is that you were paid up as of that date. If there was no written contract, or if the terms of a written contract didn't say anything about that, then no, they can't charge you extra. That's breach of contract on their part. They know you either have to pay up or don't go, and it's going to be too much trouble to sue them. What you could do is show up for the cruise, all packed and ready to go, and see if they turn you away. Notice they didn't demand the money in writing? Maybe they know they can't really demand it, you know it never hurts to ask.

    Daniel Hawes
    Hawes & Associates
    6835 Chestnut Oak Lane
    New Baltimore, VA 20187

• Forcing employees to pay cash for shipping errors

  My son was forced to pay $100 cash for shipping errors totaling less than $100. The arors totaled 2% of items shipped. No contract or verbal discussions were done by the employer noyifying my son of any payment for shipping mistakes. My son asked for a receipt for the $100 cash payment and the employer denied him the receipt. Is this legal and proper?

  • Re: Forcing employees to pay cash for shipping errors

    Federal Law requires an employer to pay minimum wage for all hours worked. If an employer "docks" an employee for a mistake and this causes the employee's pay to drop below minimum wage, the US Department of Labor will be interested in enforcing the Fair Labor Standards Act against this employer.

    Bob McCormack
    Lewis Brisbois Bisgaard & Smith LLC
    3812 Coconut Palm Drive
    Tampa, FL 33619

• Tax receipt for monies paid

  I recently went to court as I was sued for non payment for tuition for my daughters school. I won in court and proved that indeed I did pay x amount of money for last year. I also won in court for 6 months that my daughter attended the school for 2003. Can I add the difference of the amount in 2002 receipt for this years taxes, it is right around 780.00. For 2003 the owner of the school has ignored my request for tax receipt for 6 months I paid for tuition. Do I need the receipt from the school or can I just use the tax Id from last year.Thank you.

  • Re: Tax receipt for monies paid

    No, you would need to do an amended return for 2002.

    Ken Koenen
    Koenen & Tokunaga, P.C.
    5776 Stoneridge Mall Rd., Suite 350
    Pleasanton, CA 94588