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Bad Check-What do I do?

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  • Bad Check-What do I do?

    Back in June, a new client wrote me a check on a closed account for just under $100. I sent her a letter at that time requesting payment, and pretty much forgot about it. Well, here I am closing out 2006 and I come across it in my books. For some reason I'm a lot madder now than I was this summer and really want to pursue it. What do I do?

  • #2
    I'm dreading the day I get one of these - so far I haven't had one since I've opened shop for myself (and I'm knocking on wood while I'm saying it too). I'm equally anxious to see what everyone else will advise. However, in the future I probably would not take checks from them anymore....That one is easy I guess.

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    • #3
      Breakin' Legs

      Every state is a little different probably. But you should find out if the State's Attorney General has a Bad Check Program.

      They will give you detailed instruction on how to proceed. In our state you may not contact the offending party more than once to notify them and let them make amends. To do otherwise is harrassment.

      Once you join the program, all you will have to do is notify the offending party give them time to correct problem then you tell Attoney General and they will get funds for you.

      Thats how it works here anyways.

      Jason

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      • #4
        contact her by registered mail and if no response then go to your small claims court and file a claim.
        Certified Master Pet Tech Pet CPR, First Aid and Care Instructor
        "Compassion will cure more sins than condemnation." Henry Ward Beecher US Congregational Minister 1813-1887

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        • #5
          In my own shop I only accept cash and debit card. When I worked as agroomer for someone else it a happened a couple of times and my boss could never get the money from them. She'd just call the other groomers in town and warn them about them. It costs about 50 bucks to file with small claims court, plus your time, so I dunno..Maybe someone else has better advice.

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          • #6
            Bring it to your local bad check office (might be in the courthouse or check with the police station). Might even try to call her and see what she says. If it gets to be too much hassle you may want to just write it off as unpaid.

            Tim
            Tim Love............... Love's Sharpening
            123 A Hwy 80 E., #3

            Clinton, MS 39056....phone: 601-529-1973

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            • #7
              You can check with your local district attorneys office. It is illegal to write a check on a closed account or an account with insufficient funds. The DA's office might have a department to pursue it for you. Your other option is small claims court. Maybe a registered letter to the customer stating that you will be notifiying the district attorneys office or filing with small claims court by Friday (or whatever) if they do not pay in full (in cash) immediately. Also there are collection companies that will pursue it for you but they keep 50%. Even if you only keep 50% I would pursue it just for general principals.

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              • #8
                Do you have a bad check program in your area? In Calif we have a DA (district attorney) Bad Check program. They wil pursue the bad check writer on your behalf at no charge to you and get back all your monies plus what the bank charges for the bad check. Give them a call. Works everytime for me.

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                • #9
                  If this person wrote a check on a closed account, I highly doubt a certified letter will help. Go to your local district justice and ask them what to do. You can aslo tack on fees if you do ever get your money back. I have a $40 bounced check fee. Thank god, knock, knock. I have never gotten a bad check.
                  If your dog is fat, you are not getting enough exercise!

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                  • #10
                    ILLEGAL

                    You cannot just tack on fees! You may add normal bank fees.

                    But you cannot just add absorbant amounts.

                    Jason

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                    • #11
                      Bad Check-What do I do?

                      I would send them a registered letter by mail indicating that nonpayment of a check is considered theft by fraud, and if payment is not received in 7 days, you will be forwarding this information to the district attorney. Some states , the DA takes care of these...some you have to take to small claims... either way, it will affect their credit and will also be indicated on their criminal record.

                      Debby

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                      • #12
                        Originally posted by jaeinn View Post
                        You cannot just tack on fees! You may add normal bank fees.

                        But you cannot just add absorbant amounts.

                        Jason
                        In most states you are allowed to tack on a returned check fee over and above your bank fees. All of the stores do it and we are no different. In my town we hand them over to the sherriffs office and they deal with it. Also our chamber of commerce has a program that if you are a chamber member they will help collect the funds.
                        "Whoever Said That Money Can't Buy Happiness Forgot About Puppies"
                        Nancy

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                        • #13
                          NDGAA

                          If you're a NDGAA member, don't they also help you collect funds? I'm unsure, but thinking I read this somewhere???? Thank goodness, I haven't ever had to use it!

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                          • #14
                            Chapter 93: Section 40A. Dishonored checks; demand for payment


                            Section 40A. Whoever makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depository which refuses to honor the same because the maker has no account with such bank or other depository or because the maker has insufficient funds on deposit therein and who fails to pay the amount of such check, draft or order within thirty days following a written demand therefor by the payee in accordance with this section and delivered to such person by regular mail and also by certified mail return receipt requested shall, in addition to any criminal penalties which may be imposed in accordance with law, be liable to the payee for the face amount of such check, draft or order, and for additional damages, as determined by the court, but in no event shall the amount of such damages be less than one hundred nor more than five hundred dollars.


                            straight from the General laws of Massachusetts.

                            I guess the damages part if left up for interpatation.

                            Jason

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                            • #15
                              District Attorney or Sheriff Office

                              I have also gotten bad checks on closed accounts. Most states I think the District Attorney or The Sheriffs office has a Bad Check Program. Unfortunatley it can cost the business owner time and money to persue a bad check. I have had to eat a couple in the past. Leaves a really bad taste in your mouth. tee hee. Hope you get your money.

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