Posted by calipat on 9/13/05 2:35am
Msg #64897

well just when you think....

things are going good. I just got a letter from my bank that the check from Trust Notary was returned NSF. I did one for them on the 8th of June and one on the 13th. I got paid within 3 weeks for the first one but just got paid a couple of weeks ago for the one on the 13th. After reading about alot of the checks being returned NSF I thought I had avoided that trap....NOT! O well I will e-mail and try and call tomorrow, like that will do any good.
I will keep you posted and all of you that have more info keep all of us posted.

Reply by m_fl on 9/13/05 6:18am
Msg #64900

that just stinks .... augh ... good luck trying to collect ...

Reply by LilyMD on 9/13/05 7:15am
Msg #64902

Re: Drop off the check!

It's to your advantage to let the DA's do your "collecting" for you. An NSF check is NOT a bad debt. it is a crime. Depending on location/amount, it could be a felony. Usually, mailing a letter stating your intent to turn the check over for prosecution gets you paid. It's worked for me.

Reply by Brenda_NC on 9/13/05 7:19am
Msg #64903

Re: Drop off the check!

If it was me I would take the check to my DA's office. Let them handle this and collect the money for you. Why should you have to deal with this when it is a crime. Maybe this would teach some of those "deadbeat" companies a lesson.

Reply by Ted_MI on 9/13/05 8:23am
Msg #64912

Re: Brenda - keep in mind .......

Brenda,

You should keep in mind that DA's offices are not collection agencies. Their function is not to generate past due debts. Their function is to prosecute criminal violations of the law. I doubt that the institution of a criminal action would achieve the results you have stated.

Reply by LilyMD on 9/13/05 8:29am
Msg #64916

Sorry Ted

you're wrong on this one. As you stated yourself, the function of any district attorney's office is to prosecute criminal violations of the law. DUH! Guess what bad checks are. When I was in college, I did my senior paper (majored in Criminology/Sociology) on Worthless Check Units in several states. Passing bad checks IS punishable by law. That is just as much a law for a $5.00 check as it is for a $5000. check. It's also as much a law for a large company as it is for a NSA or Mrs. John Doe down the street.

Reply by Brenda_NC on 9/13/05 8:35am
Msg #64918

Re: Sorry Ted, I agree

Where I live bad checks are a crime for everyone. My DA's office doesn't view themselves as a collection agency they view themselves as an enforcer of the law.

Reply by Joe_G on 9/13/05 3:26pm
Msg #64978

Bad Check

Had a bad check (NSF) in Philadelphia, PA. Filed a criminal complaint with teh DA's office. Went to court, defented did not show up. Automatically a "Bench Warrent" is issued for her. Unfortunitly, unless she is stopped for a traffic violation the warrent will not be enforced, has the lowest priority in the chain.

Basically the DA's office will prosecute but is not a collection agency, they will not dunn or collect the money.

This may differ from city tyo city and state to state

Reply by sue_pa on 9/14/05 3:20am
Msg #65064

Re: Bad Check

Joe, if she is close in proximity to you, you know where she lives, and the $$$ owed to you is worth your time (or the general principle of the matter is), watch for her. When you spot her, know she's at home, enroute to work at 8 a.m. every day, etc, call your constable. Don't know about your area but in mine they have always been paid 'extra' for each person they bring in. Over here, the police will also come - I'd imagine in your area it would be tougher for a patrol car.

Reply by Ted_MI on 9/14/05 7:15am
Msg #65082

Re: Sorry Ted

Hi Lily,

With all due respect, you are totally missing the point I was trying to make. The point I was trying to make is that such an action would not necessarily generate the funds in question. Now admittedly as part of a settlement of such a criminal action there could be an order of restitution. But I would imagine that companies that issue bad checks are in real dire financial straits, so I really wonder whether an order of restitution would be adhered to.

Reply by LilyMD on 9/14/05 8:59am
Msg #65108

Re: Sorry Ted

With all due respect back at you Ted, my point is not about collection so much as it is prosecution. I understand the need to get one's money for services rendered. However, if there is a fear of prosecution, perhaps these companies in "dire financial straits" will think twice about issuing a worthless check. It's been my experience, both in this business and others, that a simple letter from the check unit of a district attorney's office is usually sufficient to cause payment. It's only those few that run the risk of arrest that ignore such letters. As a landlord, I can tell you from experience, this is the way I'd recommend to anyone. Sorry you think that would be a waste of time.

Reply by LawrenceOK on 9/13/05 10:00am
Msg #64926

Re: Brenda - keep in mind .......

Ted, in Oklahoma we have offices in all of the county DA's just for bad checks. It is also a felony to knowingly pass a check without sufficent funds to cover it. It is also a misdemeanor to write or accept a post dated check.

Reply by BrendaTX on 9/13/05 10:22am
Msg #64931

DA will collect here...for $$$$ Fines

They take the check and send a letter to the check's writer. They have to pay a pretty stiff fine to the DA. Of course, the DA will let them pay it out, but they had just better not miss a payment.

If they ignore the letter regarding the check, they send one more. Then there is a warrent.

So...Ted, in some small towns where crime is not horrible, those gigs are little money makers for the "DA Hot Check Division." That's actually what it is called here.

========
When I used to work in a laW office, one of the gals in there had itchy fingers and she wrote hot checks. She always ran to the courthouse and paid checks off on pay day. One day she did not go pay her checks...she pushed the guys in the DA office too far. They liked her--we all liked her..but she refused to manage her money. First it was a hot check. Then it was two or three...then she would not come get them right away...then, she just pushed it a little too far. They arrested her on a Friday afternoon. It was embarrassing for all of us. She did not write any more hot checks, but soon thereafter, her car was repo'd.

Then it came out that she might have been using the boss's funds way too much...VISA here, AMEX there, Dillards here, etc, etc. He had to let her go. Then, I lost track of her.

Reply by Rick_NY on 9/13/05 2:11pm
Msg #64970

Re: Brenda - keep in mind .......

I think Ted is right.

I had a $6,800.00 dollar check dishonored and the authorities told me it was a civil, not criminal, matter. This was back in 1992 in Suffolk County, New York. I was not in the notary business then.

There is something you can do called a 'deposit for collection' whereby the check is held on the side by the check writer's bank until the balance is high enough to cover it, then it is presented for payment. I think that's how it works and you might discuss it with your bank to see if that is a viable approach.

I tried it with my $6,800.00 check and the guy's account never had enough to cover it. :-(

Good luck!

Reply by hcampersFL on 9/13/05 2:28pm
Msg #64973

Brenda/tx .......

Brenda maybe that girl that worked at the court house now runs a signing service? Wouldn't doubt it...LOL!
B.

Reply by Bonnie_FL on 9/13/05 6:38pm
Msg #65008

Good one hcampersFL

Got a chuckle out of that, but the frightening thought is it could be TRUE and the laughs on us!

Reply by BrendaTX on 9/14/05 8:05am
Msg #65094

Re: Brenda/tx .......

Brenda maybe that girl that worked at the court house now runs a signing service? Wouldn't doubt it...LOL!
B.
===========
Lynn would have been a truly fine signing service ... she would talk big and pay nothing and she'd have excuses to last us all a lifetime.

Policy Manual

I. Excuses

Excuses are in the back.

They are stored on bolts and distributed by the running yard (10' wide). Some of them you will have to use a hacksaw to cut through because they are so full of OLD bullshi_ .

We are always prepared with new and unusual excuses.

No Late Notary Fee Payment excuse job is too large or too small.

We stiff 'em and snow 'em with confabulations until they go crazy.

60-90-120 days late okay-- we have unlimited excuses to cover all types of lies, arrogance, indifference, entitlement, fraud, theft and we have a pretty good start on drug addict excuses.

Remember, no slight, no offense, no theft by hot check for payroll ...no job is too big or smal!.

We are professionals!

Reply by Jim Nance / Trust Notary Services on 9/17/05 12:43pm
Msg #65824

Please forward me your information directly and I will make sure that you are sent payment immediatly. I personall deposited a payroll chek into the wrong account and caused this banking problem. I want make sure you are taken care. We recently have revamped our payroll systems and have a full-time admin, Tiffany King. She is very responsive and will send you out a new payment immediatley. We will also reimburse your banking fees as well. Email me at [e-mail address] or Tiffany to [e-mail address]. Sorry about the inconvenience and I will oersonally make sure that you are taken care of. My nuber is 404-497-0940 if you would like to discuss.

Jim Nance