How to deal with bad check

Two Rivers · 09-19-2010, 08:19 AM

I did over thirteen hundred dollars work on a guys 911 and the check will not clear the bank. It is the first one in over thirty years working on these cars.
He will not return my call. I thought about calling his job human resources department as he has a very good job a a large company that looks down on this sort of thing.
I don`t want to go over to his house and make a mistake kicking his ass and be arrested. Even calling all the shops in town so he will be black balled from getting his car worked on in town might be a good idea. There are only a few shops here that will work on Porsche`s.

Zeke · 09-19-2010, 08:30 AM

In CA, all you have to do is copy the check and the notice of non-sufficient funds and give the copies to the sheriff. They would prefer to handle it for you.

red-beard · red-beard's Garage

If you know where he works, call there. Give him a chance to fix it. I had problems with a "live" check from Wells Fargo once. These checks are not attached directly to your account, so the funds are pulled from the account as soon as you send them out. It failed to clear. Took a week between banks to get it fixed.

Seahawk · 09-19-2010, 08:34 AM

Leave a message on his phone, better, his email, tell him that if this matter is not settled in two days, his company gets a love note from you.

Scan the receipts, bill and canceled check. Keep all correspondence and prepare for the next round.

$1300.00 bones is a lot of money.

Guys that float checks are usually grifters, he knows.

Oh Haha · 09-19-2010, 08:49 AM

I would not contact his work/HR dept. Chances are, they won't be able to do anything anyway. It's not related to the company so it's not their business. Embarrassing for him, sure but not the right way to do it.
Remember, YOUR reputation can be marred by your actions.

Use diplomacy first(email, phone call) and give him a chance to pay up. If he balks, call the local police dept. and let them deal with him.

Do you have anything posted on the consequences for writing bad checks? If not, get a sign posted ASAP.

Two Rivers · 09-19-2010, 09:08 AM

I just got a sign CASH ONLY and 1/2 deposit before work starts after diagnosis charge. That should take care of that. I don`t know what people think but not paying me won`t happen again. I will have to ask the police what to do about this guy before I do something stupid and land in the clink.

Oh Haha · 09-19-2010, 09:15 AM

Quote:

Originally Posted by Two Rivers

I just got a sign CASH ONLY and 1/2 deposit before work starts after diagnosis charge. That should take care of that. I don`t know what people think but not paying me won`t happen again. I will have to ask the police what to do about this guy before I do something stupid and land in the clink.

That might have been good enough until now but you really should consider changing the sign to warn future flunkies.

"All returned checks will be turned over to the police for investigation" would be my sign.

Good luck and post the outcome, if you don't mind sharing.

jorian · 09-19-2010, 09:25 AM

He did try calling. Guy won't return his calls. If you know where he works that would be a great place to start. No-one but him need know that you showed up. Embarrassment is a good motivator.

Rot 911 · 09-19-2010, 09:32 AM

Most county prosecutors have a bad check department. Call them and find out what you have to do to turn it over to the Prosecutor.

Zeke · 09-19-2010, 09:38 AM

I don't agree that escalating the situation is always the best practice. The police will contact him and ask him to take care of it. That's usually all it takes. And, it provides a record which is a good thing for all concerned.

Nothing more needs to become of this. No misbehavior on either party. And, Two Rivers, if you got along all this time w/o a bad check, consider yourself lucky. Secondly, if you are operating your business where you can't be patient for the police to help you get your funds, you are working with too little cash backup.

I would be more than ticked off, you can be sure of that, but I have also gone off the deep end with a customer and paid the price.

peppy · 10:25 AM

Two Rivers in VA the police and the courts are not a collections agency(I was berated by a judge about this). They prosecute criminals and $1300 is a felony.

I have had luck with certified letters and also taking the check to the issuing bank and asking for payment. If there is money in the account to cover the check they will cash the check.

bell · bell's Garage

Where is 2 rivers located? Bad check laws vary state to state, a few states are very brutal as they see it as theft.....some are pushovers......
Did the check not clear or was the check canceled, if canceled then that's conspiracy to defraud and a felony......
I'd talk to the local pd or sheriff and see what the next legal step is.....

schamp · 09-19-2010, 10:13 AM

Don't do something he can come back on you for. Check the laws in your state. In Georgia a bad check can be prosecuted for 2 times the amount of the check or 100.00 dollars whichever is greater along with attorneys fees and court cost. You might want to copy the state law and send it to him along with a demand for payment. Let us know how this works out. Good luck.

RWebb · RWebb's Garage

Quote:

Originally Posted by red-beard

If you know where he works, call there...

WATCH OUT!

you may be considered a bill collector for legal purposes - this may result in him suing you if it is not handled exactly correctly

and that means under both US and state law

also be wary re calling his house at night, etc.

ben parrish · 09-19-2010, 01:58 PM

How long has it been? Perhaps he is embarrassed and is waiting a few extra days to make sure he has the cash to take care of it. If this doesn't play out like this, take legal, tactful actions. Don't alienate your other customers and future relationships over acting inappropriately. Your reputation as a professional is worth more than $1300.00.

First one in thirty years is a GREAT record.

Hugh R · 09-19-2010, 02:00 PM

Mechanics lien? Small claims court? Ding his credit?

If you absolutely can't get money from someone, 1099 them to the IRS and let them go after him for the taxes.

aigel · aigel's Garage

If by any chance he works for the govt. or a defense contractor and he holds a security clearance a phone call to his employer will do wonders. Otherwise I would go with the general way it is handled in your state.

George

Two Rivers · 09-19-2010, 06:20 PM

He works for a defense contractor. I have the problem solved. I told him I forgot to tighten some important parts and he needs to get his car to me asap.
I disabled his car in the shop and told him to bring cash. I am in Cedar Rapids Iowa and a cop friend said that would be OK as long as the car was in my possession.

He did not know I tried to deposit his check because my bank has to verify funds transfer over five hundred dollars.
There was not moneys in his account to cover the check. Funny thing was only about thirty minutes and I had cash in hand.

I do not have a business funds problem it just pissed me off this clown tried to screw me over. After over thirty years I feel lucky this kind of thing hasn't happened more. Things are tight for a lot of folks I know but word can get around fast in a small city as we have here.

Thanks to all for keeping my head on straight and not letting this get out of control,They charge you sixty bucks a day for your jail time. :-{

Rick Lee · Rick Lee's Garage

Quote:

Originally Posted by Two Rivers

He works for a defense contractor. I have the problem solved. I told him I forgot to tighten some important parts and he needs to get his car to me asap.

This guy sounds too dumb to be a spellchecker at the M&M's factory.

Hugh R · 09-19-2010, 06:44 PM

Good for you! Glad it worked out. I understand the tight economy but he drives a Porsche. His financial problems are not yours. He came to you for service, nuf said.