posted on February 25, 2001 04:19:51 AM new
Hello,
Well, I received a bounce check and the person is totally avoiding me. I did a little research on this person and I have the bank`s phone number and the local police`s number. Should I call the bank and the police? This is the first time I am doing somthing like this. Thanks for any help,
Dan (PS I have the bounced check too.)
posted on February 25, 2001 07:21:13 AM new
In most states you have to send them what is usually called a "five-day notice". This advises the person that they sent a bad check, and if they don't remitt payment in full within five days, the transaction will be turned over to the police and the five-day notice will be used as evidence of their intent to defraud you. You should be able to get these notices from your local PD. Contact the police. DO NOT ACCEPT ANY PARTIAL PAYMENT! If you do, your bad check (criminal) case, becomes a civil matter and then your only recourse is civil court. Do this ASAP, time can be an enemy in these cases.
From a long time E-bay user (got stuck a couple times) and present police chief.
posted on February 25, 2001 07:31:44 AM new
Hi amuma,
Thank you for the reply. After I get the 5 day notice from my local police, and wait the 5 buisness days, do I then contact the local police department where this person is from? (She is out of state) I also had 3 other bad checks sent to me and they were all honest mistakes and the people paid what they owed plus my bank fees. (They were really embarrassed.) Not this one though she is totally ignoring me! Gets under my skin. Thanks again for your help amuma,
Dan
You get the five-day notice, fill it out, and send it to the person you got the check from. Send out two copies, send one straight first class, send the other certified with return receipt requested. Keep a copy of the five-day notice you send. Once the person has accepted the notice, wait five days, and go to your LOCAL police as the check was
passed on to you. It does not matter where it was written from, it matters where it is passed or presented as payment. That becomes venue.
Additionally, contact the post office and ask for the name and telephone for the postal investigator as it is a federal crime to defraud somebody through the mail.
Remember, procedures vary from state to state. It may be different where you are.
posted on February 25, 2001 09:03:24 AM new
Hi again,
I really appreciate this. I am going to print this out and follow it step by step. I will let you know how I make out when I hear somthing. Again, I really do appreciate your help,
Dan
posted on February 25, 2001 10:41:27 PM new
I too appreciate it.. I just learned something new, thats going to become very usefull in the future. I could have used it 6 months ago.
"A", May i ask, Is there a Statue Of Limitations on filling out a "five day Notice
Rhodes Inc.
M Rhodes (CEO)
posted on February 26, 2001 05:16:46 AM new
Hi amuma,
Well, snag #1. My local police (state) never heard of a 5 day notice and they said that I would have to contact the police in which the fraud occurred. So I will call that state later today,
Dantheman984
posted on February 26, 2001 05:28:48 AM new
Well, as I told you, things vary from state to state. In Michigan and Arizona we use them, e-mail me directly and I'll send you a copy. What state are you in?
As to venue, it is you the check was passed on to in exchange for goods. It is no crime to merely write a bad check, it must be presented, and in my 18 years of service it has been the location where that check is received that has venue.
Just for your knowledge, many departments don't like dealing with bad check complaints and will do as little as possible. You should also check with your County's Prosecuting Attorney as sometimes they have a special unit just for bad checks.
posted on February 26, 2001 03:28:03 PM new
Well, I tried calling Tennesee Police. He said I am wasting my time. I am going to try the county prosector. I am from New Jersey. I`ll keep trying though,
Dan
posted on February 27, 2001 08:09:29 AM new
Have you tried calling the customer on the telephone? Have you sent the item to the customer before letting the check clear?
Was the check ISF or account closed?
You can call the customers bank and say you are a merchant to verify funds. If the funds are available, see if you can redeposit the check.
posted on February 27, 2001 03:06:32 PM new
Cyanide: Have you tried calling the customer on the telephone? Have you sent the item to the customer before letting the check clear?
Was the check ISF or account closed?
You can call the customers bank and say you are a merchant to verify funds. If the funds are available, see if you can redeposit the check.
Hi Cyanide,
Yes I called her and left a message, no return call. Yes I sent the item before the check cleared she had good feedback, she is now getting a couple of negatives for bounced checks. The check was ISF. I called her bank in Tennesee and they told me it would clear if it went through today. (Can`t promise me anything about tomorrow. LOL.) I redeposited the check today and my bank said I will find out Thursday if it cleared. Keep your fingers crossed. The amount is 34.00 + 10.00 bank fee. I know it is not a lot of money, but I think I would be doing this if it was 10.00!! It`s just not right! I`ll let you all know Thursday or Friday how I made out. This will probably be my last attempt. Thanks everyone,
Dan
posted on February 28, 2001 02:40:00 PM new
To all you sellers out there who are getting frustrated and abused by:
· Non-paying bidders
· paypal charge backs
· Bounced checks
· Fraud problems
· Negative feedback for no good reason (retaliation)
I found out the hard way that safe harbor and FBI don’t do a thing about it, and I signed up for a sitesentury.com, a security company that will do REAL investigations. Check out their site, I signed up for their service and I put their log on all my auctions and the bad guys will think twice before they mess with me!!!!!!! It is like having a security guard by my side protecting me!!! Which car do you thing the thieves like to break-in: one with alarm-on or one without??? That is what the log will do for you.
The investigator already got me some of the money I lost on bounced checks and the bank fee too!!!!!!
Do yourself a favor and check out sitesentry.com
posted on March 3, 2001 01:57:50 PM new
Well, if I were you, but I'm not, I would write her a letter saying that you just got this case for collection and that you will have to pursue this until the money is paid in full or else! Then sign it "Hannibal Lecter"
Just a thought!!
Then again, there's this guy in Brooklyn whose name is Bruno.............!!
posted on March 6, 2001 06:23:32 AM new
Hi Cyanide,
Yes I called her and left a message, no return call. Yes I sent the item before the check cleared she had good feedback, she is now getting a couple of negatives for bounced checks. The check was ISF. I called her bank in Tennesee and they told me it would clear if it went through today. (Can`t promise me anything about tomorrow. LOL.) I redeposited the check today and my bank said I will find out Thursday if it cleared. Keep your fingers crossed. The amount is 34.00 + 10.00 bank fee. I know it is not a lot of money, but I think I would be doing this if it was 10.00!! It`s just not right! I`ll let you all know Thursday or Friday how I made out. This will probably be my last attempt. Thanks everyone,
Dan
UPDATE! UPDATE!
Hi again,
Just wanted to let you know my bank called me today and said the check cleared this time! Yipee!! So I am out 10.00 instead of 44.00! Thanks for everyone`s help! Have a great day!
Dantheman984
posted on May 25, 2001 01:02:17 PM new
Several years ago I had a very large one I was told by my bank if I wanted to pay the fee I could put it in for collections . It cost me $15.00 then But I collected 450.00
You might want to check with your bank about putting it in for collections if it is large enough Or you can find out what the states laws are about NSF checks by contacting the States Attorneys office In my case it was easier to collect it than wait on the state to go after them
posted on May 30, 2001 09:16:37 AM new
IMHO..no matter what the feedback is on someone..never send out goods before a personal check has cleared. You never know when a good buyer or good seller will turn bad.
posted on June 2, 2001 05:56:38 AM new
I also had one bounced checked about a year ago and also sent out the merchandise before the check cleared. what i did was call the bank and explained things. they told me there was no money in her account so i called her. Instead of talking to her, the husband answered and i told him what had happened and i also told him that if i dont have the payment plus the 10.00 within so many days i was going to contact the police dept. in their hometown. I saved a copy of everything and low and behold... within 5 days i had a money order in the mail for the full amount. some people just need a scare tactic done to them but i would have followed thru and it taught me a good lesson.
