posted on December 8, 2000 08:23:51 PM
Although I mostly lurk here, I have posted questions from time to time and really appreciate the assistance I've been given.
I've read the most current posts about bad check artists and wonder if anyone has any knowledge about the state of Colorado's position on folks who pay with a bad check, refuse to make it good and also refuse to return the merchandise they can't afford.
posted on December 8, 2000 09:20:15 PM
I don't know about CO, but as for OH, forget it! You just become one of the sellers that us honest people hate - NO PERSONAL CHECKS! I've had 3 in the last 2 months, no money, no return, nothing! Any one else have a suggestion?
posted on December 9, 2000 06:18:18 AM
Hang onto the check. Keep calling the bank to see when funds are available. Then, send the check through. I know it is no guarantee, but some day, they will have money in that account to pay their mortgage. Then, you sneak your check back through. Is there a local branch of that bank? If so, cash it there when there are funds available. Otherwisw, your only other options are a collection agency, or small claims, which has to be filed in the county the check writer lives, or if you are in the same state, you might be able to file in the county you live.
posted on December 9, 2000 06:44:02 AM
When I had a bad check for quite a large amount, I contacted eBay, and they said that if the item was mailed in the U.S. the buyer could be charged with mail fraud. I sent the letter to the buyer and Voila!, cash arrived!
posted on December 9, 2000 06:51:13 AM
The information below is gratefully borrowed from a helpful book seller on eBay. It includes several steps you can take in trying to recoup your money, including filing a report with the local law enforcement agencies in your town and that of the buyer. I have only been burnt by a rubber check once, but as soon as I informed her that the next step was to contact her local police/sherriff, the money was "PayPal"ed to me within three days. Remember, no one wants to be visited by the local police asking why they wrote a bad check.
In the future, I would not take an online payment, as it could be reversed. I would insist upon a money order or cashier's check. I also added a collection fee of $15.00 above and beyond my bank fee, as I was out about three hours of time in trying to track this deadbeat down. It is my understanding that any business can charge a reasonable fee to cover their collection expenses.
NSF Checks: Remember: The buyer knows long before you find out from your bank that the check is NSF, because the buyer's bank notifies the buyer promptly. Your bank may attempt to clear the check twice, and you may not receive notice from your bank until 3-6 weeks after the check was deposited. If the buyer has not contacted you about the check being NSF by the time you find out the check is NSF, you can be reasonably sure that you will need to take further steps to collect from the buyer, including legal and criminal ones.
1. E-mail the buyer and request immediate payment of the amount due, plus your bank's fees for a NSF deposit. You may want to state that this payment may be made by money order or cashier's check ONLY.
2. Do NOT return the NSF check to the buyer until you have received a valid payment for it. Request that the buyer send you a stamped self-addressed envelope for the return of the NSF check.
3. If your bank did not attempt to clear the check twice, deposit the NSF check again.
4. You may request that your bank "protest" the check. This means that the check will be held at the buyer's bank until sufficient funds are deposited to pay the check. The buyer's bank may not like this, and may refuse to allow the buyer to do business at the bank again. However, your bank may charge you an expensive fee to protest the check, so ask first how much it cost to protect the check.
5. If you are unable to obtain payment for the NSF check:
(a) Send the buyer a letter by certified mail/return receipt request, stating that unless you have payment within _____ days (10 days or 2 weeks is probably a long enough time), you will be turning the matter over to law enforcement officials. Be sure to include all the fees your bank charged you in the amount you expect the buyer to pay, plus your costs for the certified letter. Keep a copy of this letter, and when the return receipt is received (or your letter is returned undeliverable) keep it with the copy of your letter to show to law enforcement officials.
(b) Contact your local sheriff or law enforcement agency to file a complaint against the NSF check writer. Also contact the law enforcement agency in the buyer's area and file a complaint.
(c) Notify the auction site of the problem and about all charges and complaints filed with legal authorities, by e-mail to Support at the auction site.
Also provide the auction site with copies of all e-mail from buyer to you, from you to buyer, and all legal complaints and actions filed by you against buyer by mail.
(d) Leave appropriate feedback in the buyer's feedback file on the auction site, following the guidelines for leaving feedback listed above.
(e) Notify the buyer's Internet Service Provider (ISP) of all charges and complaints filed with legal authorities, by e-mail to support@[ISP name].[com or net] or to go seller's ISP site and find a place to e-mail the webmaster of the ISP.
(f) If you feel that you have been defrauded, file complaints with the agencies listed below. These organizations have the power to investigate and initiate legal proceedings that your local police may not have. Often a report to one of these agencies will result in the prompt payment of money due to you, once an investigation is initiated.
posted on December 12, 2000 08:51:44 PM
Thank you rivergrrrl
for your detailed advise!
The bozo is now claiming his bank shows that the check was cashed ...HA!
I've asked him to have his bank send me a leter stating that the check had been cashed and I would take that to my bank along with his check and the chargback notice. Needless to say, I have not heard boo from "him."
If the letter is not here by 12/15, I will contact the "LAW" and sic them on this bone head.
Thanks everyone for your assistance.
posted on December 12, 2000 11:30:14 PMkidsfeet can you really do that? keep calling and wait to pounce when the money is there? if so, that's cool.. and handy info, but I wonder why more establishments don't do it. I have an acquaintance that had some bad check "issues" and I just wonder why the four or five merchants she wrote bad checks to didn't do just that...she finally paid up when they were all turned over to the District Attorney's office over a year later. I guess they don't have time to call, with all the bad checks they get. <shrug>
posted on December 13, 2000 12:35:36 PM
In a number of states, writing a bad check, whether or not you make good on it later, is a criminal offense. You need to check with your county or state prosecutor's office regarding the laws there.
If the check was only run through once, you CAN put it through again after calling to see if funds are available. It can work, but the only catch is, funds are available at the time of the phone call. There is no guarantee that the funds are available when the check comes through. For a merchant, it is probably not worth the hassle. But, for us little guys, it MIGHT be worth it, and we might just wreak havoc with the bad check writer if they don't expect it!!
posted on December 13, 2000 01:03:24 PM
This is the reason why we have such a stern Check Acceptance Policy that we issue with each EOAB that the customer receives. Everytime I post it on this board, I get a slew of critics yelling at me about how they would never shop with me or they rag on me for such a stern approach. Now you all know why we do it. We have never had a bad check sent to us yet.
Here it is once again that you can use to help yourself BEFORE the bad checks are sent! The main thing is that the customer legally agrees that the laws of your state apply - not theirs. And that ALL costs associated with getting your money back; i.e. air fare, motel bills, food, court costs, etc. are also collectable. That gives you a great edge.
Here it is. Use it however you like it. It is a legal document. Fill in your name where it says Your Name, etc.
Please accept our apology for having this lengthy and somewhat complicated
Check Acceptance Agreement. However, our legal advisors have advised us
to include this information for legal purposes.
||
||
||CHECK ACCEPTANCE AGREEMENT - PLEASE READ CAREFULLY
||
||ONLY checks submitted as payment that are made payable to
||Your Company Name are acceptable as payment.
||
||The Buyer, named in the agreement below, refers to the individual
||who made the actual winning bid or purchase for the item(s) in
||fact.
||
||The Payer, also named in the agreement below, refers to the
||individual whose private or business banking account that the
||check is actually drawn upon.
||
||Your Company Name, named in the agreement below,
||refers to the Seller of the item(s) in ||fact to whom the Buyer
||and/or Payer are monetarily liable to in this case.
||
||BY THE ACT of you: the Buyer and/or Payer issuing a check as
||payment to Your Company Name in Your City
||Your State, hereby agree to all terms and conditions set forth in
||this Check Acceptance agreement. If Buyer and/or Payer disagree
||with any or all parts of the agreement below, the only recourse
||available to Buyer and/or Payer have is to submit some other form
||of payment that is more acceptable to themself(s) and to
||Your Name, d/b/a Your Company Name in Your City
||Your State as outlined elsewhere in this complete document.
||
||IN consideration for Your Name, d/b/a Your Company Name
||in Your City, Your State accepting your check, you, the Buyer
||and/or Payer, agree to be responsible for any collection costs and
||reasonable attorney fees should it become necessary for
||Your Name, d/b/a Your Company Name in Your City
||Your State to commence collection proceedings. You, the Buyer and/or
||Payer, further agree that the laws of the State of Your State shall
||govern and control any court action in this case. The Buyer
||and/or Payer further agree that should court action become
||necessary, service of process may be made by sending any court
||documents or other documents to my business or home address by
||registered mail, return receipt requested.
||
||IF for any reason whatsoever any check issued by Buyer and/or Payer
||is returned to Your Name, d/b/a Your Company Name,
||the Buyer and/or Payer agree to pay an $18.00 Service
||Charge. If said check may not be redeposit, Buyer and/or Payer
||agrees to send forthwith a Money Order or Cashier's Check in the
||amount of the original check plus $18.00 to Your Name, d/b/a
||Your Company Name in Your City, Your State. If Buyer and/or
||Payer elect not to replace said check, Buyer and/or Payer agree to
||return forthwith to Your Name, d/b/a Your Company Name
||any merchandise in the condition for which said returned
||check was offered; postage prepaid and insured. Replacement Money
||Order or Cashier's Check, or return of merchandise shall be made
||within five days after Your Name. d/b/a Your Company Name
||in Your City, Your State sends notice by first class mail to my
||business or home address.
Edited by ME to make it look nicer.
[ edited by Borillar on Dec 13, 2000 01:13 PM ]
