Posted by jojo_MN on 9/7/05 2:53pm
Msg #64052

Need advice - bad checks

I received a check for over $800 from a Title company/ Signing Agency after repeatedly asking for payment. This check was returned to me and debited in my account. I contacted the owner and she said that she called the bank and it was never presented. (I of course have the check proving otherwise). I told her I needed a cashiers check overnighted to me for the amount due and she agreed. I did not get the check today, so I went to the bank. They told me that she does not have the funds to cover the check.

My question is, should I take it to the police department and file criminal charges? If it was only a small amount, I wouldn't but it is a lot of money.

Reply by ColleenCA on 9/7/05 3:09pm
Msg #64053

I would call back, and tell them to wire the money to you via Western Union now. Tell her that if they don't you will be forced to take them to small claims court. Good luck.

Reply by MistarellaFL on 9/7/05 3:17pm
Msg #64059

In Florida, all bad checks are handled by the local DA's office, of the county you had the check mailed to. I would however, try to induce the bad check writer to make good, one more time before I went to the DA's office. I like the wire idea, but doubt they will do that. You might want to wait a week or so, and try to cash the check at their bank if there is one locally, or resubmit it to your bank. I wouldn't count on the money being there until it clears if you resubmit it. It takes a long time to get satisfaction when going through the DA's office if the bad check writer is in another state.

Reply by jojo_MN on 9/7/05 3:18pm
Msg #64062

It has already been re-submitted twice. The bank said she does not have the funds to cover it.

Reply by MistarellaFL on 9/7/05 3:21pm
Msg #64064

Your only legal solution is to seek the assitance of the DA, or what ever branch of the government in your state handles the bad checks. Call the DA's office.

Reply by NY_TaxLady on 9/7/05 10:06pm
Msg #64111

You need to also bill them for the bad check fee. I don't think the bank will accept it again after being present twice..I wouldn't wait a week. I would send out a collection and threat letter immediatly with a copy . I would send it signed receipt. Phone calls don't seem to work.

Reply by Teasa Mahar on 9/7/05 3:17pm
Msg #64061

In our area we take them to the DA's office and they are very helpful.

Reply by m_fl on 9/7/05 3:16pm
Msg #64057

If i was you i would call demanding the money be wired or put into my paypal account or i would be contacting the proper athorities ...

Reply by LilyMD on 9/7/05 3:54pm
Msg #64067

Bad Checks are a crime. NOT For Small Claims.

Contact your local DA's office. They will direct you on what is the correct legal procedure for your state. For example, some states require a certified letter be sent before attempting to file charges. Some states only require a certain amount of time. Never send a bad check to small claims. This will cost you more money. Have it treated the same way any business would treat a bad check.

Reply by chiggers on 9/7/05 4:48pm
Msg #64076

Please let us know who the company is...

so we can decline their business. Thank you.

Reply by jojo_MN on 9/7/05 9:56pm
Msg #64109

A Plus Signings (Madison, WI) / Advantage America Title n/m

Reply by Sherri_IN on 9/7/05 5:35pm
Msg #64086

If it is a Title Company you may also want to find out who is their Title Underwriter and notify them that you have received a bad check. If they do not have enough capital to operate the underwriter will want to know.