Greg Skwira on sun 26 aug 01
I'm glad to report that this problem hardly ever comes
up, but when it does it's annoying:
The bad check, from an art fair in another city, for,
say, $40 or $50 -- large enough to be felt, but small
enough that it isn't long before an attempt to recover
the loss isn't cost-effective.
After you contact, or try to contact, the perpetrator
and there are no results, what, realistically, are the
options? Or do you just shrug your shoulders and move on?
--Greg Skwira
L. P. Skeen on sun 26 aug 01
I believe your District Attorney may be able to help you collect. :)
L
----- Original Message -----
From: Greg Skwira
To:
Sent: Sunday, August 26, 2001 12:15 AM
Subject: bad chex at art fairs
> I'm glad to report that this problem hardly ever comes
> up, but when it does it's annoying:
> The bad check, from an art fair in another city, for,
> say, $40 or $50 -- large enough to be felt, but small
> enough that it isn't long before an attempt to recover
> the loss isn't cost-effective.
> After you contact, or try to contact, the perpetrator
> and there are no results, what, realistically, are the
> options? Or do you just shrug your shoulders and move on?
> --Greg Skwira
>
>
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Susan Fox-Hirschmann on sun 26 aug 01
I would not let this go without at least an attempt to get the money you are
owed. When it has happened with me, fortunately not too many times, I have
written a registered letter, telling them that I am going to retain an
attorney in their state to collect the money that i am due. I give them
about 10 days to send me a money order for the amount due, or they will hear
from my "virginia" lawyer.
If often scares them enough to send me the money.
Once, a local customer bounced a check and when they refused to answer my
phone calls and refused to pay me, I just showed up at their home one
evening and walked in and took the wall piece off the wall and reclaimed it!
They were amazed that i did it, but i was happy to get my work back if
they did not want to pay me for it.
Of course it is not worth the aggravation or the costs to hire lawyers, or
even consider small claims court, but you can at least warn them about what
you might due, and perhaps tell them you will get in touch with their
employer about their dishonest business practises....amazing how often that
little phrase helps you get paid
Best of luck
Susan
>From: Greg Skwira
>Reply-To: Ceramic Arts Discussion List
>To: CLAYART@LSV.CERAMICS.ORG
>Subject: bad chex at art fairs
>Date: Sun, 26 Aug 2001 04:15:21 +0000
>
>I'm glad to report that this problem hardly ever comes
>up, but when it does it's annoying:
>The bad check, from an art fair in another city, for,
>say, $40 or $50 -- large enough to be felt, but small
>enough that it isn't long before an attempt to recover
>the loss isn't cost-effective.
> After you contact, or try to contact, the perpetrator
>and there are no results, what, realistically, are the
>options? Or do you just shrug your shoulders and move on?
>--Greg Skwira
>
>______________________________________________________________________________
>Send postings to clayart@lsv.ceramics.org
>
>You may look at the archives for the list or change your subscription
>settings from http://www.ceramics.org/clayart/
>
>Moderator of the list is Mel Jacobson who may be reached at
>melpots@pclink.com.
_________________________________________________________________
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OWLPOTTER@AOL.COM on sun 26 aug 01
After all reasonable attempts at collection have failed you can turn the
check over to the prosecuting attorney's office in their home district (mail
it to them with a letter of explanation.) Often they are grateful because
they may be holding other bad checks by the same person and the more
complaints they receive, the better case they have for prosecution.
I have even received payment for out of state bad checks when I wrote a
letter these intentions to the check writer. But be sure and follow through.
-Carolynn Palmer, Somerset Center, Michigan
Earl Brunner on sun 26 aug 01
Is the account closed? or just insufficient funds?
If it was closed, that's a felony I think, If its just short of money,
call the bank every day, and when there is enough money cash it quick.
We had a fundraiser at school once where this lady "bought" candy from
three different students with bad checks. She had to be an idiot,
because the bounced check fees for three checks of 8 to 15 dollars each
were almost one hundred dollars. Anyway, we called her and she kept
saying she would come in and take care of it, but never did, finally the
school office manager started calling the bank and when there was some
money in there, she ran down and cashed the checks. The lady called in
the next day and said she was going to come in and take care of it. The
office manager told her not to worry about it that we had cashed the
checks. Panicked her bad, guess this was going to overdraft her on
something else....
Greg Skwira wrote:
> I'm glad to report that this problem hardly ever comes
> up, but when it does it's annoying:
> The bad check, from an art fair in another city, for,
> say, $40 or $50 -- large enough to be felt, but small
> enough that it isn't long before an attempt to recover
> the loss isn't cost-effective.
> After you contact, or try to contact, the perpetrator
> and there are no results, what, realistically, are the
> options? Or do you just shrug your shoulders and move on?
> --Greg Skwira
>
> ______________________________________________________________________________
> Send postings to clayart@lsv.ceramics.org
>
> You may look at the archives for the list or change your subscription
> settings from http://www.ceramics.org/clayart/
>
> Moderator of the list is Mel Jacobson who may be reached at melpots@pclink.com.
--
Earl Brunner
http://coyote.accessnv.com/bruec/
bruec@anv.net
Terrance Lazaroff on sun 26 aug 01
Susan; You were lucky you were not arrested.
Terrance
Terrance Lazaroff on sun 26 aug 01
Greg:
This problem came up at our store about two years ago. A customer purchased
with a bad check. We tried to phone him and he would always say that he
would come down to pay. He never did.
I thought of making a telephone blitz to harass him into giving us the money
but I was warned to be careful because there are laws about this. I
thought of picketing him at his home again was told to be careful. After a
year we gave up.
I talked about this with one of my friends and he gave me the following
advice. Open a file, Make a photocopy of the check and send it with an
invoice and a letter of collection by registered mail. Tell the client that
he owes the balance as a result of his bad check. State that you are adding
an additional $5.00 administration charge, plus the bank administration
charge, and that a further 3% interest will be added to the remaining
balance at the end of each month overdue(check the laws of the state on
amounts of interest allowable. There may be limits). Send a letter each
and every month again adding the administration and interest charges. When
the balance of the invoice is adequate to pay a bill collector to collect
the initial check amount go for it. For example. If the original amount
was 50.00 and your local bill collector takes 50% then wait until the added
administration and interest charges arrive at $100.00.
He pointed out that if you cannot find a collection agency that wishes to
take the debt you can resort to small claims. Again allow the amount of the
invoice to climb to an amount that will pay your expenses to go to the
small claims court in his state. Even when you are awarded the amount in
small claims you will probably have to go to the local bailiff to have him
reposes property or get the money.
This will be the route I will take if I get a bum check in the future.
Terrance
We havent had a bad cheque since the first one so I haven't had a chance to
try out the advice. It is a bit of a bother but I am sure when the customer
sees the bill climbing they may decide to pay it off. That unless they
have not already gone bankrupt.
food for thought.
Graeme Anderson on mon 27 aug 01
One thing you could try, if there may be a bit of doubt about cheques
(English English for chex :)) is to get the person to write on the back of
the cheque "I hereby guarantee payment of this check." and sign it again.
If it bounces, you could tell the person they could be charged with:
False declaration. Embezzlement. Fraud. or some other scary term.
I don't know if it would have any legal standing, but it may help in
gaining payment.
Cheers. Graeme.
Steve Mills on wed 29 aug 01
In the UK we never accept a cheque without some sort of guarantee card.
Most of our Banks issue them either as a pure guarantee card or a
combination card; which includes a direct debit facility. We write the
card number on the back of the cheque, and this ensures that (99 percent
of the time) we get our money. In our Shop most Customers pay by Debit
card which is basically like a cheque without the bit of paper, just
goes straight through the Terminal and bingo! they've got the goods and
we have the money.
Nice.
Steve
Bath
UK
In message , Graeme Anderson writes
>One thing you could try, if there may be a bit of doubt about cheques
>(English English for chex :)) is to get the person to write on the back of
>the cheque "I hereby guarantee payment of this check." and sign it again.
>If it bounces, you could tell the person they could be charged with:
>False declaration. Embezzlement. Fraud. or some other scary term.
>I don't know if it would have any legal standing, but it may help in
>gaining payment.
>Cheers. Graeme.
--
Steve Mills
Bath
UK
S & C Honeycutt on mon 3 sep 01
Even if the account is short a few dollars and what is owed you is worth the
trouble, deposit the difference in the account and then cash the check. The
person has probably been doing this to others, and this will put the problem
in their court.
Endo
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