Nate, that’s up to you, but making a bad check report is free. I just find that having my $$$ in someone else’s pocket is very motivating. Besides, if they get away w/doing it to me, they’re gonna do it to someone else–
I’ll make this short and sweet. As you know I took back a MH two weeks ago. I had a lawnmower, grill, and snowblower. Lawnmower and snowblower did not work. A local resident came over and asked how much for all of it. We agreed on 40 bucks. She cut me a check and I was happy as a pig in mud. Yesterday I got a NSF notice along with a nice 12.00 charge to my bank account. The point…Cash is King! No cash no dice even for the smallest of things. Keep this in mind folks.
In my area you can send them a certified letter giving them 10 days to make it good. If they do not comply then take it along with the receipt from the letter to Magistrate Court and they will collect it for you along with penalties and court costs.
I had a tenant write me a bad check. I went to file for eviction and they voluntarily moved. Kept giving me stories about when they would make it good-blah blah! never did and when I checked at the bank the money was never there. I sent them the letter and they payed me on the 10th day, I was going to the court the next day. Good thing for them as this was for more than $499 which is a felony in GA! They could have been looking at jail time if the judge was so inclined.
The check is still written and valid. Call the bank it is drafted from. (Particularly on or near her payday (Fridays, Mondays, 1st and 15th of month)) give them the account number on the check and tell them you have a check for $40.00 and ask if there are funds in the account to cover it?
When they finally tell you yes, high-tail it to that bank and cash it at the teller’s window. If you do not have an account there, they may charge you a fee ($8.00 here) but it at least you will be a little ahead.
If anyone is ever tempted to take a check, make sure you record the driver’s license on it–otherwise the police probably w/not even take a report on it. Yes, you can take it to small claims, but that is $80 here.
Yep, I had a delinquent note maker a couple months ago who promised me her tax refund check, $640. When it finally came, she went straight to my bank and made a deposit into my account for $640. I assumed it was cash or gov’t check, but she actually deposited a personal check for $640 and then stopped payment on it a couple of days later. So I also got hit with a $10 charge in addition to the $640 removed from my account. Talk about an emotional rollercoaster. I was so happy when she paid, because this was one of those homes I really didn’t want back. But that is exactly what happened. Long story short, I agree with Nate, Cash is King!
I usually go to the bank in person, rather than call, and try to be as nice to the teller as possible. I’ve had tellers say things like “I’m not supposed to tell you this, but if you come in on the 12th between 9 and 10 am there will likely be enough in the account to cover this check”.
I’ve also had tellers waive the fee if I didn’t have an account there- they said “this is terrible that our customer wrote you a bad check- how about we waive the fee?”.
Posted by Michael(KCMO) on May 03, 2006 at 13:03:49:
. . . but his check bounced b/c there was a stop payment put on it. It going through has nothing to do w/ whether or not there are funds in the account. However, and I’m trying to remember this from my college law class 2 years ago so don’t take it as gospel, a verbal stop payment is only valid for 2 weeks. To permanently stop payment on a check the check writer must submit the request to the bank IN WRITING. Otherwise, you might try submitting it again after 2 weeks is up. Like Nate said though, I would call first to make sure there are funds to cover it.
Don’t take what I’m saying as legal advise. Check it out for yourself - call your bank and ask them. And be sure to let me know if I’m wrong.
I guess I always made the call first. If the NFS check is not sent back to you then you have to go knock on her door. She’ll probally write you another check anticipating it will bounce, then you can use the above technique to get the funds.
The check has her license #, phone, address, the whole nine yards. If I’m not gonna take a note payor to court for 3300 bucks for skipping town I’m sure not gonna go after 52 bucks.