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Bad check question

Discussion in 'Deer and Gameheads' started by BrokentineMoberly, Jan 30, 2010.

  1. I recently delivered a deerhead to a customer who gave me a check for his remaining balance. He was very happy about the mount when he received it. A few days later his check was returned. I contacted the customer and he complained that the mount took too long and then made ridiculous comments about the quality of the deerhead (that he was very happy with at delivery) and said he had stopped payment on the check. Does anyone have any suggestions on what recourse I have? This is my first bad check and I want to make sure I do everything right from my end.

    Thanks,
    Mike
     
  2. Mason

    Mason Active Member

    Not sure of a fix for this time. But a good policy to have. Is to not accept checks for final payment. Hope it works out for Ya.
     

  3. Kyle Lakey

    Kyle Lakey Active Member

    This was covered a week or so ago by someone. It is illegal to stop payment on a check after a purchase. He basically just robbed you. Hope you have some receipts to help you out. Anyways tell him he can either pay you cash right now or you will see him in court which will cost him your court fees as well. A chat with the local police wouldn't hurt either. Good luck.
     
  4. x2
     
  5. bill@hogheaven

    [email protected] New Member

    8,017
    3
    Law enforcement will take care of it for you.
     
  6. dwstex38

    dwstex38 New Member

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    Turn it in to the D A. They will put out a warrant for his arrest. At least thats the way it works around here. But i would notify him of this first.
     
  7. It's no diferent than if you went to Walmart and bought a TV. Decided you didn't like the picture, so you stopped payment on the check.That is theft. Call the cops and have them deal with it.
     
  8. hlh

    hlh Member

    Contact the prosecuting attorney in your county. They will take care of it. I'm in Missouri also and they have done it for me in the past. Good luck and if you need to give me a call.
    Herb
     
  9. dipper

    dipper New Member

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    It actually depends on how your local district attorney's office/ law enforcement handle issuance of worthless checks. Every jurisdiction handles them diferantly. I would contact either one of them, and they'll get you started. Maybe call him one more time, and tell him you last option is to take legal action, hopefully, he will poy up the money. Good luck
     
  10. Dipper, this is not just a bad check, payment was stopped. Different laws apply in most states. In the AM I would be at the PAs office to file charges.
     
  11. shammy

    shammy New Member

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    District Attorney, He has your answer, contact him first.
     
  12. dipper

    dipper New Member

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    I'm sorry John I should clarify what I said. In my state the statute is titled "Issuance of Worthless Checks". In one of the subsections of the statute, it covers insufficient funds (which I am assuming you are referring to as a "bad check"....not enough money in the checking account). There also is a subsection that covers, the passing of a check with the purpose, to defraud. This would be what Broketine is experiencing.

    I googled the Missouri statutes; and I found the statue Broketine needs. Here is the link:
    http://www.moga.mo.gov/statutes/C500-599/5700000120.HTM

    Missouri clearly defines under statute, 570.120 1.(1), that no person shall: " With purpose to defraud, the person makes, issues or passes a check or other similar sight order or any other form of presentment involving the transmission of account information for the payment of money, knowing that it will not be paid by the drawee"

    As you read into 570.120 2., Droptine will have to contact one of the appropriate agencies I listed above. I'm guessing it will be his district attorney's office. They will likely issue Droptine's customer a summons, indicating that the customer shall pay what is owed within 10 DAYS, or face criminal prosecution.

    Through my experience, if the guy doesn't show up to the criminal proceedings (which he will if he is some bottum feeder of society), there will be a warrant for his arrest. Know that's a whole nother bag of problems, because a scum bag doesn't give 2 kicks about sitting 30 days in jail.

    You MIGHT eventually get your money back if this guy is a bottum feeder, but it will surely be an extremely long process....years.

    Good luck droptine, I hope you have a receipt, and still have the fraudulent check! The moral of the story is to not accept checks, or be extremely careful, who you accept them from.
     
  13. Thanks for all of your help. I have contacted the customer and given him a week to come to his senses and complete his payment. If no reply by Sunday, Monday I will be at the PA office and let them get my money for me.
     
  14. Mike it sounds as if you have been scammed. This character probably had no intention of paying you for your services. He didn't return the mount I'm guessing, for you to be given a reasonable opportunity to correct these so-called faults. It makes you wiser in future. I had a sign in my office 'In God we trust, every one else pays cash'
    Report it to the police, my bet is he's done it before to someone else.
     
  15. derhntr

    derhntr Member

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    Final payment in cash only, put it on your invoice or job ticket and inforce it.
     
  16. livbucks

    livbucks Well-Known Member

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    A customer can't just stop payment on a check. He would need to give you a reasonable opportunity to address his complaint with your work first. What he did is illegal and the DA will file a criminal charge against him if he doesn't square up with you very soon. You could actually call the police and swear out a criminal complaint. That is what I would do. DO NOT ACCEPT A PARTIAL PAYMENT FROM HIM! Once you do, the DA will not touch him, as you have now validated his actions and bargained with him.
     
  17. jorgy

    jorgy Member

    You messed up. Giving him a week before your report it turns your criminal case into a civil matter. You cant have it both ways.
     
  18. wayne70

    wayne70 Member

    In the county where I live we have a check offenders program, I'v used it a few times.