|
Forums >
General Industry >
i got paid by check on a closed account
ok like isnt that a criminal offense or something? are the police actually going to act on this? or do i got to go to civil court with this? Jan 13 07 01:49 pm Link Chili wrote: YES, it is criminal to write a KNOWN bad check.. just like it is illegal to write a post dated check, the holder does not have to wait to cash it.. Jan 13 07 01:52 pm Link Go to the District or County Attorney and file it, not the cops. Jan 13 07 01:57 pm Link Chili wrote: If I'm not mistaken, it becomes a federal offense since it handles matter of money. I'd go talk to an attorney for sound legal advice. Jan 13 07 01:58 pm Link The worst thing you can do from failure is to fail to learn from it. I thought checks were now immediately depositable using a driver's license number. Use that method, or dont accept checks. Or have them pay up front in full or in part. Make mistakes... just dont make the same ones twice. Jan 13 07 02:05 pm Link UIPHOTOS wrote: I know for a fact that this differs from state to state. Jan 13 07 02:09 pm Link Unlike an NSF which is insufficient funds in an open account, a check written on a closed account is actionable. The District Attorney would consider that as intent of a crime in and of itself since it's highly unlikely the party writing the check was unaware. I agree to contact your District Attorney's office rather than the police. Jan 13 07 02:10 pm Link I was selling a bunch of camera equipment to some bohemians. I thought they were happy with the purchase, because they literally were 'JUMPING for joy' when it came time to pay for their purchase. I was told not to accept their payment. I inquired 'why' and was told... ..."Isn't it obvious? They're BOUNCING czechs!" Jan 13 07 02:32 pm Link Prosecuting bad checks can sometimes be harder than you think. A lot of DA's won't take the case without proof of positive ID written on the check and taken at the time it was signed. You might want to check with your local police to see if it is something they can handle. They might tell you to pursue it in civil court. Jan 13 07 02:37 pm Link Prosecuting bad checks can sometimes be harder than you think. A lot of DA's won't take the case without proof of positive ID written on the check and taken at the time it was signed. You might want to check with your local police to see if it is something they can handle. They might tell you to pursue it in civil court. Jan 13 07 02:37 pm Link Prosecuting bad checks can sometimes be harder than you think. A lot of DA's won't take the case without proof of positive ID written on the check and taken at the time it was signed. You might want to check with your local police to see if it is something they can handle. They might tell you to pursue it in civil court. Jan 13 07 02:37 pm Link Chili wrote: Silly rabbit checks for kids: I always pay cash, and have the model sign an acknowledgement of payment. Jan 13 07 02:51 pm Link bummer, one reason i gave up on taking checks years ago.hope your recover your payment. Jan 13 07 02:56 pm Link UdoR wrote: I had a girl write me a bad check and then tried to cover it with a postdated one.. I went directly to the bank to check the funds and the teller said that they were available now if I wanted to cash it now.. Jan 13 07 03:01 pm Link My mom owns a nail/tanning salon and has had this happen several times.From what I recall she had to take it up with the bank it was written from and it ended up costing her a lot of money. Jan 13 07 03:05 pm Link If the account was closed BEFORE the check was written it's called FRAUD! If it was written while the account was still active and closed afterwards it's a bad check. Jan 13 07 05:32 pm Link SayCheeZ! wrote: Oh, that's just wrong. Jan 13 07 06:36 pm Link Even if you don't get the money look into writing it off against your taxes as a loss or a bad debt. Check with a tax expert but I believe you can do it you can also give the account to those wonderful debt collectors. From what I understand you have to make a effort to collect the money and it doesn't have to be small claims court. Write a letter for example with a copy of the letter and make it delivery confirmation. Keep a copy for yourself. Indicate how much is owed and that it was written on a closed account and if you don't have payment in five bussiness days you will report it as theft of services to the police and then DO IT. Jan 13 07 06:40 pm Link I didn't think people ever really accepted checks anymore due to high amounts of problems like this. Jan 13 07 11:38 pm Link This has happened to me several times over the years. It's harder to collect than bad checks written on accounts that are still open, or bad debt given on terms. People who do this are intentional low life flakes. Yes, it's highly illegal. Problem is it's highly uncollectable. Your best bet is to scare the bejesus out of the person who gave you the check like all hell is going to fall on their head, and get as much of it in cash as you can. Drug dealers, Mafia, etc., know how to manage and collect from low lifes. Nobody else cares. You can do better for yourself than a debt collector. If it's less than a thousand dollars, just throw it in the trash and consider it the cost of doing business. Or stick it on the wall and spit each time you see it. It's part of life. There are bad people out there who think they are being clever in very idiotic ways. BTW, if the check was written by someone like a licensed contractor, the state agency who issues the licenses has useful leverage to help you. These state people have been helpful for me in California on a $400 collection. For reasons mentioned above, I only accept Visa, Mastercard and Paypal now. I got rid of all my N30 recievables about 10 years ago. It's so easy to open good quality Internet based merchant accounts now that there is no reason not to. Avoid traditional bank services for this. Jan 13 07 11:49 pm Link general practice. if you receive a bad check, dont accept a check as payment the second time. i know it sounds silly to do that in the first place, but some places have a "fool me once law." if you accept a check as payment to replace a bad check it basically becomes uncollectable when the second one bounces. Jan 13 07 11:57 pm Link Chili wrote: This is why First of all I do not write or accept checks. I do not trust myself with checks or credit cards and no way in hell i will accept a personal check (unless from family) I don't even like accepting business checks from my work because they have messed up mine and my fiance's paychecks sooo many times! Which is why I know have direct deposit. Yes it is a criminal offense and yes you should take them to court and sue the living daylights out of them! Amen. hmpf.. lol Jan 14 07 12:00 am Link I donât know about other states but this works in Texas. A check with insufficient funds. Ask to cash it, not enough funds. Take the number off the check and make a cash deposit in increments. When there are sufficient funds they will cash the check. You get your money back and remove the portion of the funds that are due you. Contact the dead beat and give them 24 to reimburse the balance in exchange for the deposit recites and the Xerox of the check. After 24 you turn it over to the city prosecutor. It is now a felony, out of your control that will be tried as an action against the bankâ¦city and state prosecutors take this vary seriously. In addition, for $10.00 you may place a lean upon any property placed in their name, filing the reason with the court as to documents. Canât sell or buy property with a lean on existing property. Jan 14 07 12:06 am Link i got the B/S story from the guy, with a promise to pay cash +, and that day came and went, and now of course i cant find him i was thinking of "selling" the note to these guys i know in brooklyn, and having them "collect" the debt (and then some) or of course i could go to the DA and file a complaint thank you all oh yeah, "bouncing czechs" LOL Jan 15 07 07:56 am Link I always have the funds verified before accepting a check from a personal account. People can be shady when it comes to money. Jan 15 07 08:14 am Link |
