Anyone have trouble collecting on a bad check?

S

Scottwax

New member
Seems like I may be dealing with someone who doesn't intend to make good on their check. Only had this happen one other time and my certified letter to them was returned because they had been evicted from their home. Apparently I was not the only one they...ahem...screwed.



Anyway, I detailed a Yukon, my bank put the check through twice and both times it was returned NSF. I called the lady and she said the funds are in the bank and I could redeposit it. My bank refused, saying they only put checks through twice. I called her back and asked that she send me a money order and gave her my address (this was on a Wednesday). By Monday, no MO. I called her back, got her machine. She called me a few hours later and said she had mailed it on Friday, so I should get it that day or the next. Here it is, 6 days later on Saturday and nothing yet. I am going to send her a certified letter with the state's statute for insuficient funds checks and my willingness to follow through on submitting it to the state. I may also call her husband since he is also listed on the account. He (like me when I was married) may not know his wife is writing hot checks. That may spur her to action.



Funny thing is, she wants to make an appointment for me to detail their Grand Prix. Yeah, right. Cash up front. :rolleyes:



Anyone else deal with this crap? I usually don't have this happen. I can count the number of returned checks I've had to deal with on one hand in the past 12 years since I have been detailing professionally. The last one, the guy called me not 10 minutes after I deposited it to ask me to hold it because his account was messed up. I told him I had just put it into the bank and he told me as soon as I get it back to call him and he would make good on it. He also gave me an extra $35 for the trouble.
 
My family has been in the plumbing business for more than 40 years and we have only had about 4 cases of bad checks. In California if you get their driver's license number you can turn them over to the sheriff and let them collect for you. I don't know if it works the same way in Texas though. I hate asking for info like that, but customers understand that it isn't anything personal. Hope this helps you, and good luck on collecting.
 
I don't know what to suggest to you. I had some issues with checks but through my supplement company, not through detailing. I know that you are busy, but I would just take a drive to her place at night after work. Maybe talking with her in person would be more successful. Unfortunately there are people like her out there. """Irrisponsible"""



Writiing to her may not get resuults, but it sure can't hurt.



Go see her.



Hope you get the money.



PS: How in the f}}ck would someone not pay you for the kind of work you do??????????????????????????



Do you have any pictures of her truck that you could post?
 
Thanks for the advise. :)



tdekany-not only do I have a very nice picture of the Yukon with the front plate, I also have the check. If she ultimately stiffs me, I will post both the picture of the check and her Yukon with nothing blanked out all over the internet enough that if she googles her name, it will be her first hit.
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Scottwax, since it seems all your work is by appointment, it would seem to me that by not accepting checks in the future wouldn't hurt your business and might save you a few head aches. If you accepted cash or credit only would this be too much to ask? I ran a small business for a couple of years after retiring from the A. F. Trying to make ends meet while counting on those checks to clear, so I could replenish stock just about did me in. Only two customers left me holding the bag, but week in and week out chasing down people made life miserable for us. It wasn't worth the hassle, listening to excuses and sob stories were not my forte. I truly understand your feelings on this, such is life as we know it!:nixweiss



Scottwax, don't resort to acting in anger, it isn't worth your time or trouble. I know your mad but you must rise above your emotions. I trust you will make the right decision. :mad:
 
You may have another chance to collect on that check. I know we can do this in NY, I'm not sure about anywhere else, but once a check bounces twice you can go to your bank with the check and have them request collection from the issuers bank. Basically what happenes is that the check is held for collection and a flag is placed on the issuer's account, unknown to them. As soon as there are sufficient funds in her account they will be automatically withdrawn and you t get your money.



I've done this twice and got my money both times.
 
Scottwax said:
Thanks for the advise. :)



tdekany-not only do I have a very nice picture of the Yukon with the front plate, I also have the check. If she ultimately stiffs me, I will post both the picture of the check and her Yukon with nothing blanked out all over the internet enough that if she googles her name, it will be her first hit.
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Funny! :D :D :D
 
Actually you should try going to her back and cash it. You may get lucky and show up on the very day when she actually put money in to have some ""important"" checks go through - just a thought.
 
tdekany said:
Actually you should try going to her back and cash it. You may get lucky and show up on the very day when she actually put money in to have some ""important"" checks go through - just a thought.
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The bank she wrote it on is based in San Antonio, which is 200 miles away. Not sure if they have any branches here, I'll have to check.



DFTowel-Excellent! I'll ask my bank on Monday if they do that.



lpquick-in 12 years (10 1/2 full time), I have only had 5 checks total come back NSF and only once (so far) have I been unable to collect. It just hasn't been a problem. Credit cards are not very convienent when you are mobile and the equipment needed to verify cards is not cheap. I may get asked 3-4 times a year if I take credit cards, just not enough to make it worth the cost.



I will only make her e-famous if she stiffs me on the check. Plus, I will prosecute.
 
DFTowel said:
You may have another chance to collect on that check. I know we can do this in NY, I'm not sure about anywhere else, but once a check bounces twice you can go to your bank with the check and have them request collection from the issuers bank. Basically what happenes is that the check is held for collection and a flag is placed on the issuer's account, unknown to them. As soon as there are sufficient funds in her account they will be automatically withdrawn and you t get your money.



I've done this twice and got my money both times.
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:up



I guess this is the ""sure"" way of what I was suggesting.
 
Ds01C5 said:
Some states make it a crime to pass a bad check too.
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I know it is a crime in Texas. They will prosecute her if I turn in the check and she doesn't make good on it. My ex got arrested twice for writing hot checks. Second time neither I nor her mom bailed her out, so she sat in jail over the weekend. Her and I were seperated anyway so I felt no obligation to help her in any way. Sure made getting custody a lot easier.



My ex did straighten her life up though. I'm really suprised at the turn-around.
 
Scott,



About only thing I would add to the excellent advice you have been given so far is to consider the small claims court or sending the debt out to a collection agency. Small claims court is good in some states, which make it friendly to small business owners to collect low dollar debts and where State laws allow the garnishing of wages, or the placement of a lien against property. Collection agencies are the other option, if you do not want to spend much personal time on collecting the debt.



One more word of advice, move quickly to collect your debt. From the way you describe this "customer" (at the moment shes really a thief) I would not be surprised if there is a banruptcy filed soon or a real risk of flight. I know from experience (good in my case) that early collection is very important if you ever want to see your money.



I'd also consider taking her up on her offer to detail her car again, but insist on payment by cash for both details and do not start work until paid. If you arrange to meet her like this and she does not produce the money, take action immediately.



Good luck! :)
 
I'm with tdkany. Find a local branch of her bank and check her account often. Maybe she has automatic payroll deposit from work. Thursday or Friday would probably payday.



Good Luck!
 
Scott, I am not sure if you take credit cards or not, but most of the merchant service accounts have a new system that allows you to take checks and scan them into the machine, if it does bounce you still get paid, they go after the customer to get paid, but there is a fee for this. not sure if it is really worth it.
 
Scott go to the bank that the check is drawn on. Tell the manager that you want to protest the check. The bank will notify the customer that the check is in protest and they have 7 days to make it good. If by chance they choose not to, it a federal crime in N.Y. State not sure about Texas. This should at least scare them.
 
At one time I liked going to night court to watch people be arrainged or deal with legal problems. The number of people who were there for floating paper surprised me. I was taught that if you cannot pay for do not buy it. White collar crime is still a crime.



I would go to her residence to speak with the client and ask for cash payment. If cash payment is not received tell her your course of action. Starting with trying to collect from her bank, Small claims court (but this takes up your vaulable time) and then through the CRJS, if bank route does not work. Further, explain any future appointments/work will be cash only with payment before work starts and if payment is not received a late cancellation fee will charged.



Eric
 
Just to help deter this. Charge a fee $20..30..40 etc for any bounched(no good) checks written. Then if they do not pay bring in a collection agency..
 
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