Posted by JAM/CA on 9/6/07 1:49pm
Msg #209633

A & L Notary Signing Service or

A & L Nationwide Signing Service is no longer in business. She owed me $125.00 for a November 2006 signing. She paid $25.00, check written 1-16-07. I debated on going to Small Claims Court. I became too occupied and had a couple surgeries.

Finally, I said forget it and deposited the $25.00 check, not worth my time. I know, they count on this. Well, it came back to me with a bank fee because the account is closed. Kami calls me after I emailed and requested my money and said I should have cashed the check a long time ago. She waited five months before closing the account. She feels she paid me in good faith and doesn't need to make good on the check. She has a clear conscience and I should have cashed the check when I received it. Okay, now I'm livid.

Do I have any recourse at this point? TIA

Reply by JAM/CA on 9/6/07 1:56pm
Msg #209635

P.S.

There is nothing on the check that states it must be cashed in 90 or 120 days or anything else. Kami states, since it is a business check it must be cashed in 90 days even if it doesn't state it.

???????? I owned a business for 21 years and never heard of this. Can someone shed light on this whole situation. It used to be if someone bounced a check, you could turn it over to the DA and get three times the face value of the check or $500.00, whichever was the greater of the two in California. I have been researching and researching. It's not the amount, it's the principle of it and her attitude.

Reply by BetsyMI on 9/6/07 2:03pm
Msg #209638

Re: P.S.

I don't know what other recourse you have but if you're still able to communicate with "Kami", I'd be on her butt about getting the entire $125 she owes you. What does she mean she paid you in good faith....paying you $25 out of $125 is not paying you in any good faith.

Reply by Adrian Winstead on 9/6/07 2:25pm
Msg #209646

You tell her that you are going to turn the check over to the State Attorney's worthless check division if she does not pay. It is a crime to write a worthless check.

Reply by Sylvia_FL on 9/6/07 3:29pm
Msg #209677

Adrian
As far as writing a worthless check I don't think that would hold up. The check was apparently written and received in January, but wasn't presented to the bank at that time. Appears (from the posting) that the account was closed 5 months later. May not have been a worthless check when it was written.

But I would go after them for the $125 if it was me.

Reply by Kevin/Ct on 9/6/07 4:34pm
Msg #209685

Check your state's law with respect to stale checks. It is usually found in each state's adaptation of the Uniform Commercial Code...Negotiable Instruments and/or Banking.
Check with the regulatory agency that regulates banking concerning stale checks.
Give the bank upon which the check was drawn to find out its position with respect to stale checks.

Reply by JAM/CA on 9/6/07 5:00pm
Msg #209687

Thank you all for your

kind responses. I am filing with the Santa Clara District Attorney's office, I do meet the criteria. Problem is, I have to send her a "Courtesy Notice" giving her 10 days to pay along with $25.00 service fee. What happens if she doesn't accept the "Certified Mail"?

If I go after her for the $125.00 and other fees I've incurred, that would be Small Claims Court. Again, it would be certified mail or a process server which is more money. I already did olddebts.com and the BBB to no avail. One time I waited 3 years to collect on a debt, only because the individual got pulled over for speeding.

I will continue to research and see what avenues I have. Good idea Kevin to call the actual issuing bank and find out about their stale check policy.

Thanks again

Reply by MikeC/NY on 9/7/07 12:52pm
Msg #209793

Re: Thank you all for your

The rule of thumb is that a check is considered stale after 6 months, but some states and banks set lesser limits. Best idea if faced with this in the future is to check with the bank to a) see if the account is still open, and b) see what their policy is on stale checks.

I think it would be tough to prove that she wrote a bad check - it's one thing if she closed the account immediately, something else altogether if she closed the account months later. I don't know if there's any obligation on the part of the account holder to keep the account open until all outstanding checks are paid, but even that would seem unreasonable to me after 4 or 5 months.

As for certified mail - check with the courts in that jurisdiction. Sometimes you can send copies both certified and regular first-class, and swear to an affidavit saying that you mailed them on whatever day - so even if the certified is refused, the affidavit that you also sent it first-class could still be proof or service. Some jurisdictions allow "nail and mail" - a copy posted on the door, a copy in the mail. Check with the courts in Santa Clara to see what the requirements are.