Robert Jones Posted March 21, 2010 Report Share Posted March 21, 2010 I have a client that wrote me a bad check on a $450 job. The check was returned to my bank because the account was unable to be located. Of course my client insists that the check just has to be good because he has been writing them with no problems. I called his bank and was told the account was not valid. Relayed that on to the client and was told to just redeposit it. I don't know how much cleare to make it for them. The account is not valid, you wrote me a bad check, I was charged $30 for the returned check and now you owe me $480. Guess what I got in return. Either redeposit the check I gave you or send me $25 to put a stop on the check and write you another.[:-censore This si going to be the one time in 8 yrs that I actually send someone to collections. Such jerks. Oh, the kicker, they used my inspection/report to walk on the home. Ok I am done. Thanks. Quote Link to comment Share on other sites More sharing options...
Erby Posted March 21, 2010 Report Share Posted March 21, 2010 Life happens. Rant and deal with it and move on. Won't mean nothing in five years. Nice to have a place to rant, isn't it. - Quote Link to comment Share on other sites More sharing options...
Jim Morrison Posted March 21, 2010 Report Share Posted March 21, 2010 I'd take 'em to Small Claims Court and win. Quote Link to comment Share on other sites More sharing options...
Robert Jones Posted March 21, 2010 Author Report Share Posted March 21, 2010 That does make a little more sense Jim. Can I also tack on my time for having to go to small claims court? Erby, It is great to have a place to come and rant. The wife just doesn't understand and I am full bent on this one. Just the nerve of some people. If he was military I would have a much easier recourse. Quote Link to comment Share on other sites More sharing options...
Steven Hockstein Posted March 21, 2010 Report Share Posted March 21, 2010 I would contact the client and tell them that if they do not immediately pay in cash or with a certified check you will file a police report that he has commited a crime. Based on your description, it seems like more than a mistake with insufficient funds. Writing a check on a non-existing account is a crime! It will cost a him lot more than the value of the check to defend himself for this criminal act. Quote Link to comment Share on other sites More sharing options...
Jim Morrison Posted March 21, 2010 Report Share Posted March 21, 2010 No, you can't tack on your time onto your claim in Small Claims Court, at least not in MA. It's something I'd do to either: 1) Scare my client into paying their bill. Or 2) Prove a point. But it definitely works. Quote Link to comment Share on other sites More sharing options...
Mike Lamb Posted March 21, 2010 Report Share Posted March 21, 2010 You can check and see what a collection agency would charge you for assuming the debt. They can make people miserable. Quote Link to comment Share on other sites More sharing options...
mgbinspect Posted March 21, 2010 Report Share Posted March 21, 2010 I've shared this before, but it's worth repeating. Every time I've asked the client, "Do you understand that willfully writing a bad check for over $100.00 is a felony?", I've miraculaously gotten paid within twenty-four hours by cashiers check or cash. Handcuffs and a loss of voting rights forever are fantastic motivators... Quote Link to comment Share on other sites More sharing options...
Steven Hockstein Posted March 21, 2010 Report Share Posted March 21, 2010 That does make a little more sense Jim. Can I also tack on my time for having to go to small claims court? Erby, It is great to have a place to come and rant. The wife just doesn't understand and I am full bent on this one. Just the nerve of some people. If he was military I would have a much easier recourse. You can't get reimbursed for your time but you may get punitive damages. Not sure about this but you may even get triple damages for fraud. Quote Link to comment Share on other sites More sharing options...
hausdok Posted March 21, 2010 Report Share Posted March 21, 2010 He kited a bad check. Call him up and tell him that he either brings you the full amount plus the bank fee in cash by morning or you're headed down to the police station to make a complaint against him for writing bad checks. Then if he doesn't show up, do it and don't show the piece of scrotum lint any mercy. You probably won't get your money, but you can ask the arresting officer to let you know when and where he'll pick the dirt bag up so that you can be standing there to give him the one-fingered salute as they roll out with him. ONE TEAM - ONE FIGHT!!! Mike Quote Link to comment Share on other sites More sharing options...
Marc Posted March 21, 2010 Report Share Posted March 21, 2010 If it's $300 or over in Louisiana, it's a felony. Assistant DA has told me to just drop off the check at his office and he'll take care of it. Worked the first and only time a client ever tried to stiff me for $300 or over. When I was a contractor, I filed petition in small claims every time (3 churches and 1 invester) and most defendants paid within 48 hours of the court date. Only one showed up in court and he lost. Marc Quote Link to comment Share on other sites More sharing options...
mgbinspect Posted March 21, 2010 Report Share Posted March 21, 2010 Indeed, the cops show up, cuff him and off to the magistrate he goes, regardless of the hour. Quote Link to comment Share on other sites More sharing options...
ghentjr Posted March 21, 2010 Report Share Posted March 21, 2010 That does make a little more sense Jim. Can I also tack on my time for having to go to small claims court? Probably not but if he is writing checks on a fake or closed account it then becomes a crime almost everywhere. You could talk to a local detective to see if that is the case. He says its good, the bank says its not, see what the cops say. Quote Link to comment Share on other sites More sharing options...
Scottpat Posted March 21, 2010 Report Share Posted March 21, 2010 I agree with the legal route. Most areas have a "bad check" division in the local DA or AG office. I had a few bad checks over the years in MS and all I did was to fill out a form and give it to the local DA. I had a check from the DA's office in about 2-3 weeks most of the time. I do recall that I had to send them a certified letter with proof of delivery and allow them 5 days to pay me before I could submit to the DA for collection. Quote Link to comment Share on other sites More sharing options...
kurt Posted March 21, 2010 Report Share Posted March 21, 2010 In Illinois, one can collect treble damages for any bounced check. Kinda stops the practice. The only bad check I've never collected on was from a mob guy, currently serving 10-14 for racketeering. I just didn't want to push that hard....... Quote Link to comment Share on other sites More sharing options...
Ben H Posted March 21, 2010 Report Share Posted March 21, 2010 In Illinois, one can collect treble damages for any bounced check. Kinda stops the practice. The only bad check I've never collected on was from a mob guy, currently serving 10-14 for racketeering. I just didn't want to push that hard....... Can't say I blame you [] Quote Link to comment Share on other sites More sharing options...
mgbinspect Posted March 21, 2010 Report Share Posted March 21, 2010 Well, I probably shouldn't tell this story, but what the heck, it's pretty funny. In 1986, the cops came to my door at 11:30 at night and asked me outside where they served me with a warrant and arrested me before my five kids and the entire neighborhood and carted me off to the magistrate over an $11.68 bad check to Lowes. That's not a typo - $11.68. I thought the wife took care of it and the wife thought I took care of it. When the magistrate looked at the amount and what had happened to me he muttered something like, "Dear God..." then he looked up at me with a look of utter disbelief and simply said, "I'm supposed to incarcerate you until payment is made, but there's no way Ilm going to do that to you. Do yo think you can get this straightened out by tomorrow at five, to which I said, "Yeah." The cuffs came off and my wife had to come get me. Fond memories... wheee... Don't ever think you can't be arrested over a bad check. It's no joke. The writer of a bad check can become a fugative and not even know it.. In the end, the only downside to the whole experience is that my fingerprints are now in some file with the FBI, but it hasn't prevented me from maintaining security clearance, which is required by some of the folks I inspect for. Quote Link to comment Share on other sites More sharing options...
Nolan Kienitz Posted March 21, 2010 Report Share Posted March 21, 2010 a mob guy, currently serving 10-14 for racketeering. I just didn't want to push that hard....... Kurt - Were these the guys you inspected for? Click to Enlarge 45.57 KB Quote Link to comment Share on other sites More sharing options...
kurt Posted March 22, 2010 Report Share Posted March 22, 2010 Nah, but it was a made guy. His brother Tony even tried to lean on me for some protection money so I could work downtown.....it's one of the two mob stories I have.......kinda funny now, not so much then. Quote Link to comment Share on other sites More sharing options...
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