Posted by CJ on 10/1/07 9:27pm
Msg #214175

Bouncing checks.

I was doing a lot of work for a SS. They like me to invoice them before they will send me a check. I was so busy in July and trying to stay busy in Auguet that I did not invoice them until September. They sent me two checks: for July and August. Both bounced. I worked for this company for 6 years, and never had a problem with them.

Reply by Lee/AR on 10/1/07 9:38pm
Msg #214177

Soooo... who's bouncing checks this week? We need to know.

Reply by CARID on 10/1/07 9:42pm
Msg #214179

Please give us a heads up on who it is !!!!!!!!!!!!

Reply by CJ on 10/1/07 9:58pm
Msg #214180

Loan Closers. I didn't know if it was okay to tell. . n/m

Reply by Larry/Ca on 10/1/07 10:36pm
Msg #214184

CJ, What did they say.....

Did they apologize for the inconvenience and offer to reissue the check and pay your bank charges?

Reply by DD/OR on 10/1/07 10:51pm
Msg #214185

They should know its illegal to pass a bad check. Tell them you are going to call the police dept and report them. They can be locked up for that. I guarantee they will send you a money order in overnight mail. (Don't accept another check). Hope this helps.

Reply by CJ/OR on 10/1/07 11:03pm
Msg #214186

Whoa! Careful

The "established" notaries here don't think you should involve the government in enforcing the law.

Reply by CJ/OR on 10/1/07 11:04pm
Msg #214187

Re: Whoa! Careful II

See the thread starting with Msg #213903.

Reply by CJ on 10/1/07 11:32pm
Msg #214192

I do appreciate the info and advice.

I always drop all my checks at the ATM once a week, and I just looked at my online banking tonight and saw that those 2 checks were bounced. I had one check for July, and one for August, so I have not "done" anything about it yet. I will look at all the replies on this post, and the message number suggested before I do anything. I really like the idea of the cashier's check. I didn't think of that. This never happened to me before, so I didn't have a clue what to do.

I will let you guys know what happens.

Reply by DogmongerCA on 10/2/07 10:07am
Msg #214212

CJ sent you a PM NM

NM

Reply by DogmongerCA on 10/2/07 7:36am
Msg #214203

There is a rather large difference between

The illegality of writing checks with insufficient funds, and having some government agency try to manage your accounts recieveable

Reply by BrendaTx on 10/2/07 10:58am
Msg #214221

Re: Whoa! Careful- CJ/OR

You sound like you are pouting, C. Jeffery Evans.

Just because people don't agree with you is not a personal strike against you. Isn't it allowed that people have a differing opinion from you?

Reply by CJ/OR on 10/2/07 1:49pm
Msg #214279

Re: Whoa! Careful- CJ/OR

No, not pouting ... just amused ... every board has nazi's ...

Reply by Sylvia_FL on 10/2/07 1:51pm
Msg #214280

Re: Whoa! Careful- CJ/OR

There are some who would, rightly so, object to the term "nazi"

Reply by BrendaTx on 10/2/07 2:17pm
Msg #214286

Re: Whoa! Careful- CJ/OR

**No, not pouting ... just amused ... every board has nazi's ...**

Okay...you are right and everyone else is wrong.

Reply by Larry/Ca on 10/1/07 11:29pm
Msg #214191

I think the key element....

that would make this illegal is KNOWLINGLY writing a bad check. Writing a check on an account you have closed might be considered illegal, however some accounting error or other circumstance which caused a check to bounce doesn't seem to me to be something the legal system would be interested in. I could be way wrong here, I am not an attorney.

I cannot imagine a company sending out checks knowing they would bounce. This would be a very costly practice.

Reply by CJ on 10/1/07 11:34pm
Msg #214194

I am going to deposit check every day from now on.

In light of the big picture, I think I am a fool to sit on checks for a week, then deposit them in the ATM machine. I need to go into the bank each day and make sure they are good. Loan Closers never did this to me before. I would not be surprised if they were in trouble, becuase it seems like everyone is. Who will be next?

Reply by CopperheadVA on 10/2/07 6:03am
Msg #214200

Re: I am going to deposit check every day from now on.

Unless the check is drawn on your bank, it doesn't really matter if you deposit into the ATM or go directly to the teller window. Even if you call the SS bank, their bank will likely not tell you if the check is good or not. Now, if you are able to go to their bank and present the check for cashing, then you can find out if the check is good. Many banks now-a-days charge a $5 fee for non-customers to cash a check drawn on their bank.

If I were you I would contact the SS and give them a chance to rectify the situation, including paying for your bank service fees due to their check bouncing on your account. If they take care of it, great. If not, then pursue the remedies others have suggested.

Reply by DD/OR on 10/1/07 11:54pm
Msg #214195

Re: I think the key element....

Not according to the police. It doesn't matter if it was intentional or not. They are arrested first, then they go before a judge. I know all this because I was sent a bad check not long ago. I called them and told them I couldn't believe how stupid they were. I said "don't you know you could go to jail for passing a bad check". I said if I don't get a cashiers check by overnight mail, I'm going to send the check to the police dept. in their area and you will be arrested. I really got their attention then. The owner came on the line and said she would send a money order overnight. End of story.

Reply by Serina/VT on 10/2/07 7:30am
Msg #214202

Bounced check vs no check

Well, at least they sent a check, doubtful they knew it was 'bad' since I'm sure their bank charges them a fee for each one. If they knew they are pretty dumb. I'm dealing with a SS that had/has a good rep on this board that was paid 8/3 for my services and now is ignoring emails, calls and even a call from the title company. If you want the name I'd be happy to tell you in a PM.

My husband has a heating business and was given 2 bad checks for over 5k for a new furnace. The state pulled her bank records and yes she 'knew' she had no funds. We went thru hell and high water to get our money, but eventually (9 months later) were paid. In VT if its filed in criminal court and they lose the state pays the business owner ( and you have to be a business to get this service) and then has the criminal has to pay the state. Kind of amounts to an interest free loan, with the price of having a criminal record.

Reply by Todd/OH on 10/2/07 9:34am
Msg #214210

Re: I think the key element....

I tend to agree. It's hard enough collecting. I would have no problem handing a bounced check over to the police. If they are going to be that stupid, they can then deal with the wrath.

Reply by HARRY_PA on 10/2/07 10:07am
Msg #214211

In most municipalities one does not get arrested for passing a bad check. Banks generally run the check twice unless it is on a closed account. Usually initial action is taken through a small claims court after fulfilling certain tasks: registered letter, etc. Of course this depends upon your local laws and procedures. ATM deposit usually slow processing time. Check with your financial institution. Not legal advice, just common sense.

Harry

Reply by Sylvia_FL on 10/2/07 10:14am
Msg #214213

Many years ago I got a bad check. It was only for $14, but it was for some work I had done, and it was a company check. I asked the sheriff's office what I should do. They told me to send a certified letter requesting the check be made good no later than two weeks or action would be taken. I sent the certified letter. I waited two weeks, then I sent another one giving them an extra week. After waiting another week I went to the sheriff's office with the receipts of the letters I had sent, along with copies of the letters. Sheriff said to leave it with him.
A few days later I got a call from the owner of the company saying he couldn't believe I would have the sheriff knocking on his door for $14! He paid the $14 plus a $5 check charge.

Reply by DogmongerCA on 10/2/07 10:16am
Msg #214214

I am not an attorney nor did I sleep in a Holiday Inn

last night. But I do have 20+ years chasing deadbeats in this state. She does not have to put the check through twice in this state as the state does not require the person owed money to incurr multiple bank charges. She needs to request certified funds plus bank charges be overnighted to her. Should Loan Signers Inc, refuse she has two strong options. She may sue in small claims court and recieve judgement for three times the amount of the check, plus bank charges and court costs. 2. Every District Attorney in this state has a bad check division, that does nothing but collect funds. Should they decided not to honor the check, they are subject to arrest. Debtor must make payment of moneys due to the DA, pay a fine, and attend a class for bad checks. The company must also pay to attend this class. These are the options as I have experienced them in this state. I am not an attorney, and this is not intended as legal advice, but accounting of my own and others personal experience:-)

Reply by John_NorCal on 10/2/07 11:00am
Msg #214222

Right on Dogmonger, that's the way it is in Calif. Reminds..

me of when I had a store once. I had a regular customer give me a bad check, then came all of his excuses. I filed a police report and waited for their action. As chance would have it the mo-mo was driving into the adjacent parking lot and a friend of mine who was on patrol that day pulled in behind him and followed him as he looped the parking lot. Then the mo-mo stopped his car, jumped out and yelled at my friend, "Alright, alright! I'm going to pay him right now!" Had a good laugh on that one!

Reply by BrendaTx on 10/2/07 10:20am
Msg #214215

*In most municipalities one does not get arrested for passing a bad check.*

Fortunately, bad checks WILL get you put in jail in Texas.

Reply by Philip Johnson on 10/2/07 10:28am
Msg #214216

You can always count on Texas. :) n/m

Reply by SheilaSJCA on 10/2/07 10:45am
Msg #214219

CJ- since you are in CA- here is what I believe is the proper procedure in our state...
1. make personal contact with the check writer. If unsuccessful, send a courtesy notice, allow 10 days to respond and remit payment.
2. if you do not hear from or receive payment after the 10 days contact the BAD Check Restitution program at 800-926-2777 for a crime report.
#3. Fill out the crime report, attach originals (keep copies for your records) and mail it to the Bad Check Restituion Program, the District attorney will handle it from there.
I have not had to use the program, but hope this helps.

Reply by Bob_Chicago on 10/2/07 11:57am
Msg #214236

Not legal advice, yada yada, but in many jusrisdictions...

there is a substantial difference in the law and in
local law enforement electing to get involved, between bouncing a check issued at
the time of purchase of goods or services, (eg buying groceries,
cashing a check at a store, paying a plumber when he fixes your sink)
and a check used to pay an existing debt for services previously rendered
or goods preiously delivered.
The first instance is basically theft, the second is simple failure to pay a debt.
Don't be surprised if the police tell you to sue the deadbeat They don't need
to act as your collection agency. You are in no differerent position than
if the check was never issued,(except for fees incurred with your bank, which
they could consider to be your problem)

Reply by Terri_CA on 10/2/07 3:17pm
Msg #214306

Do a google search on the California Bad Check Law. There are some very specific things that you must to do attempt to collect. Once you've done that you can then proceed with filing a complaint with the local authorities about the bounced check. If you follow the law, you can possibly recover the amount of the check PLUS 3X the amount of the check!

It's very important that you follow the instructions under California Bad Check Law. I had one check, where I sent the letter according the the CA Bad Check Law, and got certified funds ASAP!

Terri
Lancaster, CA

Reply by CJ on 10/2/07 4:40pm
Msg #214322

I got it solved. :)

I talked to accounting, and it turned out that they had put a stop payment on all the checks above a certain number, (missing checks?) but the bank stopped all the checks below a certain number. So he said he will be happy to send me a new check, and he is sending out a ton of new checks to everyone.

Thank you everyone for all your help. I did not not know what to do, and I did not want to call them until I was armed with a game plan. The Bible says something about "in a multitude of counselors, there is safety". So everybody's input was useful. I learned a lot.

I do not want to be blabbing their business, but so so far, it looks like a happy ending.