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 hwahwa
 
posted on November 3, 2006 02:28:55 PM new
An Ebay bidder bidded and won 12 items from me and wrote me a bad check to the tune of $368 dollars.
I have already shipped the items .
She said she will pay via Paypal but so far no payment.
What can I do?
(she is no longer registered with Ebay)

 
 toasted36
 
posted on November 3, 2006 03:30:40 PM new
I had this thread bookmarked ...maybe it will help.
http://www.vendio.com/mesg/read.html?num=2&thread=537639

 
 sthoemke
 
posted on November 3, 2006 04:00:26 PM new
If the checking account is still open, you could hold the check for redeposit (probably a longshot).

You could take the buyer to small claims court, but might be tough collecting payment even if you win.



 
 hwahwa
 
posted on November 3, 2006 04:13:08 PM new
Thanks for the link.
I doubt she has enough fund in her account,also the bank did not return her check to me,they just sent me a copy of the check!
I thought obtaining goods thru the mail with rubber check is committing mail fraud but when I look at the USPS fraud report form,there is nothing for seller,just the buyer.

 
 paloma91
 
posted on November 3, 2006 04:15:07 PM new
How long did you wait for it to clear before sending the merchandise?
 
 hwahwa
 
posted on November 3, 2006 04:45:10 PM new
4-5 days,the bank sent me the bad news after 10 days,so??

 
 neatstuffusa
 
posted on November 3, 2006 05:02:10 PM new
I'll accept checks only for $25 or less. Anything over that is PayPal or money order.

Never accept a personal check for any more than you're willing to lose!

 
 roadsmith
 
posted on November 3, 2006 05:27:08 PM new
I've had only one check bounce in 8 years of selling, and she felt so bad that she paid me double. And I don't hold checks to clear unless they're over $50. However, many here will hold all checks for anywhere from two weeks to a month before shipping the item. It may depend on what you sell. . . .

 
 tonimar1
 
posted on November 3, 2006 09:36:26 PM new
I don't know what state you live in hwahwa, but check out this site see if there is information that could help you.

https://www.1stoplegalforms.com/FormQs/FQ_0004.asp?Page_ID=5

toni
 
 sthoemke
 
posted on November 4, 2006 12:05:24 AM new
I'd inform the postmaster of the town of the person that bounced the check. If they are pulling that scam with many other sellers, maybe law inforcement could get involved. I think legally you would still be the owner of the items, and possibly get the items back if the buyer faces mail fraud or other charges. At the very least, it would notify the post office of the activity.

 
 toolhound
 
posted on November 4, 2006 02:39:46 AM new
I quit taking checks about 5 years ago when one bounced 28 days after deposit. It was for $650.00 I found at that time that banks can bounce checks for many reasons well after the funds have cleared.

You can call the police department where the person lives and have them make a report. In my case the police put some pressure on the guy and his Father paid me with PayPal but that was after about 2 months.

I have not taken checks since (PayPal or money order only) and when I compare my auctions of like items to people that take checks I see no difference.

 
 alldings
 
posted on November 4, 2006 05:02:26 AM new
I would find her phone number and give her a call.
say something like this in a strong firm voice.
"I have been through this before when I had the store and I would call the police or sometimes I just called Fred. the police or Fred always got my money. I like to give the customer a break and allow them to pay before I call the police or turn the collection over to Fred. I will expect PP payment within the hour."
 
 hwahwa
 
posted on November 4, 2006 05:58:37 AM new
I have called her several times long distance,she is in Florida and I am in Texas,all I did was speak into her answering machine.
I also emailed her and sent her a paypal invoice as she requested,so far no luck.
I remembered years ago,a friend of mine bot some books from ER Hamilton and there was some mistake in their bookeeping and they thought she did not pay them,so they filed a report with USPS and USPS sent a copy to her local police,so she ended up with 2 reports ,fortunately the case cleared.
But when I go onine and look for some USPS form which I can use,the form is geared towards consumer being defrauded by seller,not the other way around,so I think I will call USPS fraud investigation Monday and see what they have to say.
Also I have bookmarked the site of debt collection agency,my last resort !
Thanks every one for your help!

 
 agitprop
 
posted on November 4, 2006 12:23:20 PM new
I'm always happy to accept checks in the mail from US customers as they are backed up by the full force of the US Postal Inspectors. On the rare occasions where a US check "bounced" it was quite easy to get full restitution after making a mail fraud report and contacting the buyer's local police department. (They couldn't pay me fast enough.)

Don't need to accept checks from most other countries as we have overseas bank accounts so bank deposits or transfers are standard.
 
 LtRay
 
posted on November 4, 2006 12:39:34 PM new
hwahwa, where are they located in Florida, I'd be happy to be a local interface for you with the sheriff's department if they are in Panama City or the surrounding area.

Do contact the sheriff in their county. It may take a bit of time, but I have had success in getting sheriff's in the buyers area to take action.

Also, file a mail fraud report with the USPS. These reports are routinely handed off to local law enforcement. Mail Fraud Complaint Form

Under Subject of Your Complaint-> select -> Merchandise or Service -> Failure to Pay

Be sure to file an NPB if time has not run out. This buyer's deception needs to be on record at ebay as well.


 
 LtRay
 
posted on November 4, 2006 12:45:36 PM new
Forgot to add, keep a record of times and dates, phone numbers called, addresses and names of individual spoken to when you contact authorities. Also keep a list of times and dates of when you tried to contact the seller.

The better your activities are recorded, the more likely authorities will be willing to work with you.

This should be a standard business practice when dealing with any kind of dispute, business or personal. You will never regret having the records on hand, but you may regret not writing them down while the details were fresh in your mind.
 
 hwahwa
 
posted on November 4, 2006 01:13:07 PM new
she is in Hillsboro Beach,Florida 33062.
She lives in an apt and has a PHD,if that makes any difference!
She said her mother just past away and thats why she cant stop bidding.
Ebay refunded all the fees-listing and FVF.

 
 LtRay
 
posted on November 5, 2006 03:41:52 AM new
Sorry, but Hillsboro is 800 miles from here. I've been there. It is a high rent district for the most part.

You can find the local police department listed under Hillsboro on this page Broward County

Maybe the nice man will go and pay her a visit.

Sorry her mom died, but that is no reason for her to not return your merchandise if she cannot pay for it.

Theft is theft regardless of the underlying reason.
 
 twig125silver
 
posted on November 5, 2006 04:16:43 AM new
She won't be able to write rubber checks behind bars.....

That should stop her from bidding! I doubt they will give her computer access.....

 
 irked
 
posted on November 5, 2006 08:04:05 AM new
Sorry this has happened to you. I got a check returned one time and theyguy sent a money order with extra on it for my trouble, at least he was honest. Good thing as he only lived about 100 miles from me LOL
**************
Check it out
 
 
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