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Customer threatens to sue!

Discussion in 'Deer and Gameheads' started by Don/PA, Jan 10, 2008.

  1. Smack him upside the head..... with the bogus check... he accepted the mounts and wrote a bad check... if he did not think the mounts were right, he should not have taken custody of them and paid you....

    if he is waiting on his uneployment check, how is he paying for the lawyer? I just LOVE people like this...
     
  2. will

    will what a good look'n son of a gun

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    PA.
    Don.....i agree with you and everyone else on this post...go after him....however. just be careful..by agreeing to take a lower final payment...you admitted guilt in a court of law....At least in PA thats how it works.

    good luck and quit being such a nice guy.....lol

    Will
     

  3. TY

    TY New Member

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    Who cares if he has a lawyer, most I have dealed with are not bright. If I had a dime for each time I heard this line......... I work for State government. Tell him to stand in line!
     
  4. Maybe yu can trun it over to the Prosicutor for the bogus chack and then maybe you can still take him to small claims over the time. LAws differ in states.

    Maybe call a lawyer and have a letter drafted, I have a cousin who is a retiring judge that has writtena couple letter for me and a friend who is a retired judge that wil do letter for me and give advise for $25.00 per time. The later helped me work my way thru a divorce and total cost was $75.00.

    Just find one that will do the work.
     
  5. Laurier

    Laurier Active Member

    alway dummy proof your conversations with clients , you should have tagged the heads as shoulder mount and European on the other , with the client their and log it in your book that should have their signature.
     
  6. There is a difference between a bad check which is usually insufficient funds and a stopped payment. On an insufficient funds check you can't show intent of theft. It could be from a clerical error. Different states handle these differently. Some consider them theft and some just require the writer to make good on the check and fees. A stopped payment is completely different because you can show the intent. He wrote the check, received the goods, then canceled the money. All states will see this as a theft. There is still a civil side to this. If he disagrees with what you have done he should have left the pieces with you and then filed suit.

    I would tell him that you want the full amount with the check penalties. If chooses not to pay then I would let him know that you are going to proceed with criminal charges against him. Then ask for his lawyers name so that you can explain to him what you are going to do. I'm sure he won't have a name for you. Then if he doesn't pay you I would criminally charge him for the crime that he has committed. Check laws really vary from state to state so check with your local sheriff to see if I am right. I should be though on a stopped payment check. I'm a law enforcement officer in MD. This is the advised that I would give someone here. Hope this helps.
     
  7. HOLMES

    HOLMES Active Member

    You know he's bluffing. He cant even pic up the check. I would tell him that if he's got a lawyer you guess you will get one also. Maybe just send the letter from one demanding payment and a service charge. Tell him your excited, that youve been to court more times than he's been to turkey dinners and love winning. Just joking, kinda.
     
  8. SWANS TAXIDERMY

    SWANS TAXIDERMY New Member

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    iowa
    i stand with John C one way to solve is cash only
     
  9. Just stick to the small claims thing. There can be no lawyers involved, but you can not sue for damages/suffering/etc. in small claims.
     
  10. First of all he never wrote a bad check! He stopped payment on the check......makes all the difference in the world. Thats not a crime. But yes he's wanting something for nothing,and you'll have to take him to court. Save you're lawyer money. You don't need a lawyer, you'll have toe judge on your side. If the judge is no more crooked than they are in N.C. then you won't have ( too) much to wory about.........
     
  11. Brian Claar

    Brian Claar New Member

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    Stopping payment on a check is a crime if you do it in this manner! People would be walking into stores all day if it wasn't. STOP Payments are intended for checks that are LOST or STOLEN. Not to play games with people.
     
  12. visions of wildlife taxid

    visions of wildlife taxid love me or leave me, just dont try to convert me

    brian is very right. My mother works for the prosecuting attorney here in our county and she said it is illegal to do what he did, on top of that , he is liable for any and all fees created in the process of recovering your money, when you go in to talk with your pros. attorney give them the check, the amount owed and they will tack on the fees that go with it, they get the fees for recovering your money, and they WILL get your money for you, it may take a couple of months, but it will get to you, i have had to do it once, and in the end, there is no amount of BS story they can come up with to put you on the loosing end of this. I saw your other post about looking to see if he had done this before, i know here our county pros. attorneys office handles all bad checks written in our county, and they will not tell you if they have done it before, but when you go in with a certain name, you can tell by their reactions whether its a first timer or a repeat offender, and when it goes to court if you go and appear for chits and grins, you can also tell by the sentence handed out whether he is a first timer, usually a first timer gets cost of check and fees with a small fine added, 2nd time fine is higher, and 3 rd time if over 500 dollars they go to jail for 90 days, hope this helps, Russ
     
  13. BeckyBird

    BeckyBird My Baby Bluebirds

    1,393
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    Agree with you Russ! Also, like everybody else has said, if this guy is on unemployment, then he Certainly cannot afford to pay a lawyer! He is totally trying to scare you, so don't let him get away with it! Good luck with all of this, and I hope you get paid for your hard work!
     
  14. He's trying to get your work for free by being a bully. If you follow what required from you when you take a bad check, you should be able to prosecute him accordingly. If you're not sure, call the police and ask them what your check law says. He is trying to steal from you and probably never had the money in the account to begin with.
     
  15. Laurier

    Laurier Active Member

    is it at all possible that you have the horns on the wrong head ??????????????????????????

    just possible !!!!!!!!!!!!!!!!!!
     
  16. Hey Don this guy is just jerking your chain. If he had an attorney he would not be talking to you the attorney would be talking to you.