How to handle a bounced check. | TruckMount Forums #1 Carpet Cleaning Forums

How to handle a bounced check.

Johnny Bravo

Hacking my way though life, one room at a time.
Apr 25, 2011
23,900
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San Pedro, Ca
TheJohnnyOnTheSpot.Com
Real Name
John Sheridan
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United States
Its not worth the effort but you can take her to small claims Court.
Its very easy Johnny.

For checks, use a service called telecheck.
Immediately tells you if the check is valid.
Also, an ID number , drivers license is required so you check the name and write down the license number.

This is not about the money, it's the principle. That plus she did it at the wrong time of the year, it's slow now. I got nothing to do and all day to do it.
 

the organic cleaner

Well-Known Member
Apr 16, 2014
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591
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California and Central Texas
Real Name
Glenn Stewart
@Johnny Bravo

California Bad Check:

Writing a check and not having sufficient funds in the attached account to cover the check is a crime in California and all other states. In order for a merchant or individual to prosecute a bad check writer criminally in California, several criterion must be met. In all cases of bad check writing, a person can be sued and forced to pay back the check and any associated costs even if there is no criminal prosecution.

Consequences:
In California, most bad checks are misdemeanors. Conviction of writing a worthless check could lead to up to one year in jail.

Written Notice:
A written notice demanding immediate payment within 10 days is required in order to later pursue criminal prosecution of a bad check in California.

I have an Attorney send out the 10 Day Written Notice Demand for payment. I'm willing to forgo the Attorney cost if Certified payment is made promptly, otherwise Attorneys fee ($250.00) is attached for collection on top of my unpaid invoice.
I've never had anyone not pay once they see the Attorneys Letter for payment.

I can have the Attorney contact you Monday. The 1st letter is on me, bro.
 

Johnny Bravo

Hacking my way though life, one room at a time.
Apr 25, 2011
23,900
8,344
113
San Pedro, Ca
TheJohnnyOnTheSpot.Com
Real Name
John Sheridan
Business Location
United States
@Johnny Bravo

California Bad Check:

Writing a check and not having sufficient funds in the attached account to cover the check is a crime in California and all other states. In order for a merchant or individual to prosecute a bad check writer criminally in California, several criterion must be met. In all cases of bad check writing, a person can be sued and forced to pay back the check and any associated costs even if there is no criminal prosecution.

Consequences:
In California, most bad checks are misdemeanors. Conviction of writing a worthless check could lead to up to one year in jail.

Written Notice:
A written notice demanding immediate payment within 10 days is required in order to later pursue criminal prosecution of a bad check in California.

I have an Attorney send out the 10 Day Written Notice Demand for payment. I'm willing to forgo the Attorney cost if Certified payment is made promptly, otherwise Attorneys fee ($250.00) is attached for collection on top of my unpaid invoice.
I've never had anyone not pay once they see the Attorneys Letter for payment.

I can have the Attorney contact you Monday. The 1st letter is on me, bro.

Thanks buddy. I just typed up my own collection letter posing as a legal office. :) Going to see if I can do it this way.
 
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Johnny Bravo

Hacking my way though life, one room at a time.
Apr 25, 2011
23,900
8,344
113
San Pedro, Ca
TheJohnnyOnTheSpot.Com
Real Name
John Sheridan
Business Location
United States
Here's what it looks like original. I of course change the name of the law office, address, phone numbers etc.



(213)746-8010 (213)746-8050 fax

February 16, 2010

ABC Sales, Inc. 3155 Bandini Blvd. Vernon, CA 90023

Dear Sirs,

All-American Attorney Service, Inc. 714 W. Olympic Blvd. #714

Los Angeles, CA 90015 www.yourattorneyservice.com

Mailed via Certified Letter 2/16/2010

This notice is to inform you that B & G Movers, Inc. cashed your check (#6897)) payable to B & G Movers in the amount of $1,800.00 and it was returned by the bank as “Insufficient Funds” on or about 1/28/06. Since previous attempts to resolve this issue concerning this returned check has proven unsuccessful, this matter has been transferred to my attention. I am writing you in hope that we may be able to resolve this matter before litigation is necessitated.

Pursuant to the provisions of Section 1719(a)(1) of the Civil Code, any person who passes a check on insufficient funds shall be liable for the amount of the check and a service charge not to exceed twenty-five ($25.00) dollars for the first check passed and an amount not to exceed thirty-five ($35.00) dollars for each subsequent check passed on insufficient funds.

Pursuant to the provisions of Section 1719(a)(2) of the Civil Code, any person who passes a check on insufficient funds shall be liable for the damages equal to treble the amount of the check if a written demand is mailed certified to the person who passed the insufficient funds check advising them of the amount of the check, the amount of the service charge, and the provisions of Section 1719.

This letter will serve as your written notice under Section 1719 that if the face value of the check, in the sum of $1,800.00, the service charge of $25.00, and the cost of mailing in the sum of $6.00, is not paid within thirty days of the date this demand is mailed, B & G Movers, Inc. will institute legal action to recover these amounts and/or treble damages in an amount not less than $100.00 nor more than $1,500.00.

If you would like to discuss this matter, feel free to contact me at (213)746-8010. Sincerely,

Carl Vesper President
 
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the organic cleaner

Well-Known Member
Apr 16, 2014
1,009
591
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California and Central Texas
Real Name
Glenn Stewart
Here's what it looks like original. I of course change the name of the law office, address, phone numbers etc.



(213)746-8010 (213)746-8050 fax

February 16, 2010

ABC Sales, Inc. 3155 Bandini Blvd. Vernon, CA 90023

Dear Sirs,

All-American Attorney Service, Inc. 714 W. Olympic Blvd. #714

Los Angeles, CA 90015 www.yourattorneyservice.com

Mailed via Certified Letter 2/16/2010

This notice is to inform you that B & G Movers, Inc. cashed your check (#6897)) payable to B & G Movers in the amount of $1,800.00 and it was returned by the bank as “Insufficient Funds” on or about 1/28/06. Since previous attempts to resolve this issue concerning this returned check has proven unsuccessful, this matter has been transferred to my attention. I am writing you in hope that we may be able to resolve this matter before litigation is necessitated.

Pursuant to the provisions of Section 1719(a)(1) of the Civil Code, any person who passes a check on insufficient funds shall be liable for the amount of the check and a service charge not to exceed twenty-five ($25.00) dollars for the first check passed and an amount not to exceed thirty-five ($35.00) dollars for each subsequent check passed on insufficient funds.

Pursuant to the provisions of Section 1719(a)(2) of the Civil Code, any person who passes a check on insufficient funds shall be liable for the damages equal to treble the amount of the check if a written demand is mailed certified to the person who passed the insufficient funds check advising them of the amount of the check, the amount of the service charge, and the provisions of Section 1719.

This letter will serve as your written notice under Section 1719 that if the face value of the check, in the sum of $1,800.00, the service charge of $25.00, and the cost of mailing in the sum of $6.00, is not paid within thirty days of the date this demand is mailed, B & G Movers, Inc. will institute legal action to recover these amounts and/or treble damages in an amount not less than $100.00 nor more than $1,500.00.

If you would like to discuss this matter, feel free to contact me at (213)746-8010. Sincerely,

Carl Vesper President
Just make sure the demand for payment is within 10 days.
 

Artie09

Premium VIP
Dec 17, 2012
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Azusa , CA
Real Name
Arturo Ortiz jr.
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United States
Here's what it looks like original. I of course change the name of the law office, address, phone numbers etc.



(213)746-8010 (213)746-8050 fax

February 16, 2010

ABC Sales, Inc. 3155 Bandini Blvd. Vernon, CA 90023

Dear Sirs,

All-American Attorney Service, Inc. 714 W. Olympic Blvd. #714

Los Angeles, CA 90015 www.yourattorneyservice.com

Mailed via Certified Letter 2/16/2010

This notice is to inform you that B & G Movers, Inc. cashed your check (#6897)) payable to B & G Movers in the amount of $1,800.00 and it was returned by the bank as “Insufficient Funds” on or about 1/28/06. Since previous attempts to resolve this issue concerning this returned check has proven unsuccessful, this matter has been transferred to my attention. I am writing you in hope that we may be able to resolve this matter before litigation is necessitated.

Pursuant to the provisions of Section 1719(a)(1) of the Civil Code, any person who passes a check on insufficient funds shall be liable for the amount of the check and a service charge not to exceed twenty-five ($25.00) dollars for the first check passed and an amount not to exceed thirty-five ($35.00) dollars for each subsequent check passed on insufficient funds.

Pursuant to the provisions of Section 1719(a)(2) of the Civil Code, any person who passes a check on insufficient funds shall be liable for the damages equal to treble the amount of the check if a written demand is mailed certified to the person who passed the insufficient funds check advising them of the amount of the check, the amount of the service charge, and the provisions of Section 1719.

This letter will serve as your written notice under Section 1719 that if the face value of the check, in the sum of $1,800.00, the service charge of $25.00, and the cost of mailing in the sum of $6.00, is not paid within thirty days of the date this demand is mailed, B & G Movers, Inc. will institute legal action to recover these amounts and/or treble damages in an amount not less than $100.00 nor more than $1,500.00.

If you would like to discuss this matter, feel free to contact me at (213)746-8010. Sincerely,

Carl Vesper President
You faked this?

Although it's pretty clever, I don't have a good feeling about this man but do what you have to do.

How much was the payment?
 

Johnny Bravo

Hacking my way though life, one room at a time.
Apr 25, 2011
23,900
8,344
113
San Pedro, Ca
TheJohnnyOnTheSpot.Com
Real Name
John Sheridan
Business Location
United States
You faked this?

Although it's pretty clever, I don't have a good feeling about this man but do what you have to do.

How much was the payment?
$190 is all that she owes me. Again it's the principal not so much the money.
 
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Jeffb

Member
Jun 25, 2014
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Jeff
I hope your customer doesn't sue you for violations of the fair debt collection practices act or other FDCPA violations. Each violation is $1000.00. I would never send a fake leter from a fake debt collector. A simple search of google will show that its not legit. A simple small claims suit and you could be out of up to $10,000.00 or more.
 

Johnny Bravo

Hacking my way though life, one room at a time.
Apr 25, 2011
23,900
8,344
113
San Pedro, Ca
TheJohnnyOnTheSpot.Com
Real Name
John Sheridan
Business Location
United States
I hope your customer doesn't sue you for violations of the fair debt collection practices act or other FDCPA violations. Each violation is $1000.00. I would never send a fake leter from a fake debt collector. A simple search of google will show that its not legit. A simple small claims suit and you could be out of up to $10,000.00 or more.

And you know the laws concerning this? Or are you just guessing?
 

Jeffb

Member
Jun 25, 2014
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Real Name
Jeff
Yes I do. I've sued under the FDCPA various times as I was a victim of identity theft. You should google it and read up on it. There may also be local laws in your state that pertain to debt collection activity. It is not something to mess with. If they won't pay the check, turn it in to the District Attorney's office and be done with it. Don't open your self or your company up to liability. Lawsuits get expensive fast.
 
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Jeffb

Member
Jun 25, 2014
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Jeff
Also, from what I was reading, your giving the impression that another company purchased the check. That is a big no no. You def. want to be in the position of the original creditor vs. a 3rd party debt collector. FDCPA suits are very easy to win.
 

Jeffb

Member
Jun 25, 2014
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Jeff
One more thing, threatening jail in an effort to collect a debt is illegal. You can go to prison for this and also be held liable civilly.
 

longkenn

Well-Known Member
May 7, 2011
4,921
2,361
113
Winston-Salem, North Carolina
www.sunbreezeclean.com
Real Name
Kenneth Long
Business Location
United States
You need to take anything you have from your bank to show the check was bad. Include fees etc. make notes of date time / who you spoke to. Go to your county attorney and file theft by deception charges. I know you are in California but this should be the right start.
In most cases this is correct. However, having been in retail for 20 years taught me about bad checks. One store I managed had over $120,000 in bad checks that we had on hand and in the process of trying to get paid. You made a mistake by taking a post dated check. The difference in the law is that made it nothing more than a promissory note. In other words, you granted her credit. Now it is a civil matter and you have no chance of filing criminal charges. You do have the civil remedies.

A note to others. Never take a post dated check! Make them date it for the date you provide the service!
 

Johnny Bravo

Hacking my way though life, one room at a time.
Apr 25, 2011
23,900
8,344
113
San Pedro, Ca
TheJohnnyOnTheSpot.Com
Real Name
John Sheridan
Business Location
United States
In most cases this is correct. However, having been in retail for 20 years taught me about bad checks. One store I managed had over $120,000 in bad checks that we had on hand and in the process of trying to get paid. You made a mistake by taking a post dated check. The difference in the law is that made it nothing more than a promissory note. In other words, you granted her credit. Now it is a civil matter and you have no chance of filing criminal charges. You do have the civil remedies.

A note to others. Never take a post dated check! Make them date it for the date you provide the service!

Thanks, now I know when I take a check that I have to have their DL# on the front of it and not to let them post date it.
 

Jeffb

Member
Jun 25, 2014
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Real Name
Jeff
A legal law firm or a junk debt collector who is leasing an attorney's name? Why would any legitimate attorney who is any good mess with such small amounts of money? If you search for law firms that send out letters like this, most have been shut down because they were actually debt collectors hiding under the guise of a law firm. Some people have gone to prison. When law firms and debt collectors do this, they are held accountable. I hope you don't think your above the law. I understand that you want to collect based on the principal, but that doesn't give you the right to break the law and do things as you please. If you send it to the DA, the person will have to pay the check amount, plus $25.00 or $35.00 plus about a $400.00 fee to the district attorneys office. I don't even call people on returned checks. I turn them straight in. If they don't pay, I have already signed the papers the DA needs to prosecute them when I sent the check in.
 
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