Wallace v. Casper Adjustment Service, 4077
| Decision Date | 15 August 1972 |
| Docket Number | No. 4077,4077 |
| Citation | 500 P.2d 72 |
| Parties | Jesse R. WALLACE, Appellant (Defendant below), v. CASPER ADJUSTMENT SERVICE, Appellee (Plaintiff below). |
| Court | Wyoming Supreme Court |
James W. Owens, of Murane, Bostwick, McDaniel, Scott & Greenlee, Casper, for appellant.
Joseph E. Vlastos and Weston W. Reeves, of Cardine & Vlastos, Casper, for appellee.
Before McINTYRE, C. J., and PARKER, McEWAN and GUTHRIE, JJ.
Plaintiff, Casper Adjustment Service, appellee herein, brought suit against defendant, appellant herein, to recover upon three checks given by appellant, each in the sum of $10 and dated May 17, 20, and 21, 1971, payable to Safeway and assigned by it to plaintiff. Each was returned because of 'insufficient funds.' In addition to the face amount of the checks there was a claim made for the sum of $10 collection fee and 51 cents due Safeway as certified mailing charge for demand for payment for each check. The justice court entered judgment for the total claim in the sum of $61.53 for these checks and fees in addition to the costs. This judgment was appealed and judgment for the same amount was entered by the district court.
After receipt of these checks Safeway notified Wallace by certified mail on June 6, which notice was received June 7, of their return and that he had five days to pay these checks. On June 17 Safeway assigned these checks to Casper Adjustment, the checks having been delivered to them on June 8. After a visit to the office of Casper Adjustment on June 18 where he tendered them $30, Wallace mailed a money order to Safeway in the sum of $30 on June 18, which was delivered by Safeway to Casper Adjustment. When Wallace came into the office of appellee he offered to pay the $30 for these checks. He refused to pay a collection fee or any part thereof, and suit was thereafter brought and garnishment issued for the amount of these checks paid into court. Judgment was entered on June 29, 1971, and the money order for $30 which had been delivered to Safeway was retained by Casper Adjustment until July 16, 1971.
Appellant herein raises many questions, including the contention that Casper Adjustment was illegally engaged in the practice of law in both justice and district court; that there was a tender by the appellant which would have cut off any further action and avoided the cost of collection and a collection fee; that there was an accord and satisfaction because of the acceptance of appellant's money order and its retention for approximately a month; that there is no showing in the record that the collection fee for $30 was reasonable; that the court committed certain errors in refusing to allow evidence of the normal collection practices on insufficient fund checks which resulted in automoatic doubling thereof; and that § 6-42.1, W.S.1957, 1971 Cum.Supp., is void as a denial of the equal protection and due process clauses of the constitution, and also void because this is not a criminal statute although it is purported to be.
Because of the status of the record this court cannot reach or discuss any of these contentions except the failure of proof of the reasonableness of the so-called collection fee. Because the same is decisive hereof it is unnecessary to discuss or decide the other contentions, although they be of academic interest or potentially...
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