How to handle a bounced check.

[longkenn]

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.

Yes, and make sure the picture on the DL is the same as the person presenting the check so that in court you can positively identify the person and you can testify that you inspected the DL and verified the picture as the person presenting the check.

 

[Johnny Bravo]

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.

In my state you have to send them a letter before you can take it to court. That is my letter.

 

[Mike Krall]

You'd be better off beating her up or egging her house on the principal of it. Writing a letter as lawyer to me to collect money is okay cause I would just laugh, but you're sending one to a crazy lady...

https://www.fiverr.com/likenow/do-m...rating&funnel=2015010201471629913538080&pos=2

Bill collecting in this country is stupid. It costs about $1k to get a lawyer on it and there's no guarantee you'll be able to recoup those losses let alone the amount owed. Getting collections on it costs dough too and they have something like a 50% success rate.

You can basically swindle small amounts of money from people without consequences. If you try to write it off on your taxes you have to have proof that you tried to collect.

 

[Jeffb]

I'd strongly suggest you google "California Post Dated Checks"

I copied and pasted this

It is a violation of the Fair Debt Collection Practices Law for a debt collection agency or a creditor who regularly collects its debts to deposit a postdated check before its due date. (15 USC 1692f(4))


"The presentation of a postdated check is not subject to the civil or penal sanctions" that would normally apply to someone who wrote a check with insufficient funds because the postdated check promises "to discharge a present obligation at a future date" and that money would be available to meet the debt when the check is cashed.


Should the question arise the check is "postdated", there should be no problem if the debtor wrote the words "postdated" above the date of any of the checks submitted, however, without this kind of documentary evidence, it may be difficult for the debtor to prove the checks were "postdated". A judge might have to see whether the checks given in evidence bear sequential serial numbers, or appear to have been written at the same time. Such evidence infers the "checks" were postdated.


Special rules apply if a check postdated by more than five days is given to a debt collection agency or a creditor who regularly collects its own debts. The payee must give notice to the check writer at least three days, but not more than ten days, prior to depositing. (15 USC 1692f(2))

Also, check out http://www.nolo.com/legal-encyclopedia/what-can-you-do-if-debt-collector-violates-the-fdcpa.html

 

[longkenn]

In my state you have to send them a letter before you can take it to court. That is my letter.

Yes, and you will be in violation of state and federal laws.

 

[Troyster]

300 years ago that biatch be hanging from a tree with a noose around her neck! Consequences for stealing back then! Now I will let all the Liberals attack me for saying that!

 

[Frank DiGi]

This is for California cleaners please as this is a California situation and each state's laws are different.

I got some biatch from hell who when she paid me gave me a post dated check. I waited till after the date on the check and took it to my bank, same bank as hers. They told me there was no money in the account. I did this three or four times over the last 6 weeks. Finally got fed up and just deposited it into my account and it bounced and I got hit with a small fee. v

So I call the lady today and she gives me all kinds of crap. So I told her either pay up or I'll take her to court. She hung up on me.

So my question is how to I get my money?

need help to get paid fast.

 

[longkenn]

Tell them that you just don't feel right keeping all their dirt. Let them know you will be coming back to "Re-install the dirt."

 

[Rick Imby]

Another Note---Never take a post dated check. It is an IOU and is not handled in court the same way a bounced check is. It becomes an unpaid debt. I do not know how much differently but I know it is not the same.

 

[waxman]

She thought I would not follow thru. The detective called asking me if I was shore i want to do this she is such a nice lady. I said wait she gets nasty just wait you will see. He called us back it did not take long before the evil women showed .