your opinions please...

3andstop said, "If they don't voluntarily offer this cue stick to you, then you will be on the other end of those silver bracelets I talked about, and I'm not sure, but I'd bet someone trying to beat you out of 300 bucks won't give up his 600 dollar cue to ya."

You miss my point, Everything is friendly, nice, even tactful. Just pick up the stick or ask to see it. Then you have this idea, that is difficult to argue against. The note makes everything nice - nice.

Oh -- BTW, get a VISA machine. or accept payment online through paypal at their house. My story always was, "Sorry but my attorney and my CPA agree the only way I can accept money is through Paypal so all of my records are in order." Yeah I really got them to agree that it was best to accept all payments through VISA and immediate deductions. This was before PayPal is that called BPP

I paid these pros to take care of my business and they did. All the lawyer jokes aside these folks can make the world work for you if you anticipate.
 
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Scott Lee said:
I would like to ask the opinions of the many posters here. I know what mine is, but I'd like to hear from others...

What would you do if you gave someone a service and they paid you with a check, and then asked you to hold it for a month. Then when the check was deposited it bounced, and the person gave you the runaround about how they had $$$ troubles and would pay you "as soon as they could". It's been FOUR MONTHS since the service was provided (and by their own admission they benefitted from the service), and the debt remains unpaid. Would you blow it off, keep trying to convince them to pay you, or sue them in small claims court? FWIW, the value of the service was $300+. MI law allows you to sue for triple damages, plus court costs...plus, IIRC bouncing a check is fraud.

Scott Lee
www.poolknowledge.com
Click to expand...

Some posters have suggested arrest, but in this case, at least in Tennessee it would be a civil matter and not criminal.

http://www.attorneygeneral.org/gencheck.html#c4
"NO CRIMINAL PROSECUTION FOR POST-DATED OR "HOLD" CHECKS

If the perpetrator asks the victim to hold the check for a few days before depositing it, and the victim agrees, the case is no longer a criminal matter. This amounts to the perpetrator saying , "This check is NOT as good as cash today. I plan to make it good, and you will be paid for your merchandise in the future." THAT is a debt, a civil case. The same applies if the perpetrator gives and the victim accepts a post-dated check. The legal significance of post-dating is that the check is not expected to be good until the date on the check. If the check bounces it is equivalent to the perpetrator not honoring an IOU."


I would go the small claims route and hope for the best.

Steve
 
prewarhero said:
Scott, as a friend,

I would collect by any means possible. It is owed to you and you don't work for free. You are a business. If the tables were turned and you wrote a bad check to your mechanic for fixing your car, would he just let it go? Would your CPA? No. Secondly it can eat at you if you let it go. Similar situation once, where my wife told me to let a debt go. I regret it ever since. And believe me, it isn't about the money.

Third, I don't think it would ever go that far. A simple letter from an attorney will get the job done in most cases. IE, if this debt is not settled by xx date then we will be filling a suit and seeking the following and threaten with the 3x+ costs. A simple ISF check is almost proof enough of a contract.

Good luck
Click to expand...

I've been the victim just like you and I say do not let it go. Do everything you can to get the bum to pay up.

Letting him get by with it just encourages him, and others, to continue with this kind of behavior.

He's a thief. Warn him that if he doesn't make it good within 30 days you'll go legal and then do it!

Do no let yourself get screwed.
 
sde said:
Some posters have suggested arrest, but in this case, at least in Tennessee it would be a civil matter and not criminal.

http://www.attorneygeneral.org/gencheck.html#c4
"NO CRIMINAL PROSECUTION FOR POST-DATED OR "HOLD" CHECKS

If the perpetrator asks the victim to hold the check for a few days before depositing it, and the victim agrees, the case is no longer a criminal matter. This amounts to the perpetrator saying , "This check is NOT as good as cash today. I plan to make it good, and you will be paid for your merchandise in the future." THAT is a debt, a civil case. The same applies if the perpetrator gives and the victim accepts a post-dated check. The legal significance of post-dating is that the check is not expected to be good until the date on the check. If the check bounces it is equivalent to the perpetrator not honoring an IOU."


I would go the small claims route and hope for the best.

Steve
Click to expand...


Yeah, but the check bounced after the hold date. That's theft of service in my state
 
sde said:
Some posters have suggested arrest, but in this case, at least in Tennessee it would be a civil matter and not criminal.

http://www.attorneygeneral.org/gencheck.html#c4
"NO CRIMINAL PROSECUTION FOR POST-DATED OR "HOLD" CHECKS

If the perpetrator asks the victim to hold the check for a few days before depositing it, and the victim agrees, the case is no longer a criminal matter. This amounts to the perpetrator saying , "This check is NOT as good as cash today. I plan to make it good, and you will be paid for your merchandise in the future." THAT is a debt, a civil case. The same applies if the perpetrator gives and the victim accepts a post-dated check. The legal significance of post-dating is that the check is not expected to be good until the date on the check. If the check bounces it is equivalent to the perpetrator not honoring an IOU."


I would go the small claims route and hope for the best.

Steve
Click to expand...

It is the same in IL.

Scott,
The two of you agreed that you would hold the check for a month, removing the criminal element. Here, for a $300 dollar check, it would be six one, half dozen the other. You probably wouldn't do any more than break even, but you would definitely let people know that you can not be messed with.
 
Seems to me that it also constitutes fraud. And that could be a very scary deal.
 
Scott Lee said:
IIRC bouncing a check is fraud.

Scott Lee
www.poolknowledge.com
Click to expand...

Take the bad check to the Prosecuting Attorney. You're right, it is agianst the law to write a bad check. He will issue a warrewnt for his arrest and make him pay. Going to Small Claims Court is fine, but, even though you get a judgement against him, you still have to get paid. In a recent case of a customer we had done printing for, we got a judgement in small claims. The guy still wouldn't pay. We then had to go to the local sheriff and pay him again to go get payment. Here the Sheriff goes into your business and takes whatever he figures is worth the amount owed.

The PA is the route I would take first off.
 
well i can only speak for virginia law but i imagine there are some parallels here. I own rental property, not as much as i used to but ive probably been to small claims court over 100 times so i have experience here. First off you dont want to do anything to him physically and you dont want to hold his cue stick hostage lol........just because someone owes you money you do not have the right to do any of that. If you do you open yourself up to both criminal and civil prosecution and the "but he owed me money" defense wont cut it one bit.
The triple damages award is usually made in certain extenuating circumstances, i wouldnt count on it in this instance.
As far as having a person arrested, yes you can do this, in fact if you call the magistrate he probably will recommend you do it. Be VERY careful before you have someone arrested for a bad check. Ive seen several instances where a person was arrested then able to go back and sue the person they wrote the bad check to for wrongful prosecution, defamation, etc........for large amounts. I know of one case where a guy was arrested for a 200 check and sued for 8000 and won. Probably my first step would be to get a lawyer to write the guy a letter seeking payment and if not there will be a court action, that will usually get you your money. If not then you will have to have a paper (in va its a warrant in debt) served on him and take him to court. You have an open and shut case, no need for an attorney i dont think, and then you have a judgement and you can garnishee his wages, etc. I would definitely get my money, this guy planned on ripping you off to begin with, and its worked so far.Good luck and pm me if you need any help
 
I'm gonna hunt down some info on this for my own edification, that was interesting, but the truth of the matter is ya write the summons, he poops his pants and pays. He isn't gonna get a lawyer to fight intent. His lawyer would cost him more than paying.

Small claims is like winning an air prize. You get a piece of paper that says you won. :) Yep, you were right, he owes you 300 bucks. :)
 
DrCue'sProtege said:
hope everyone realizes it WAS NOT me!!!

DCP
Click to expand...


We all know that it absolutely could not be you........with all your complaining and posting about all you bad rolls, bad luck, missed shots, etc... when could you possibly have time to write a bad check???????

:D

Russ...
 
Unless you live in a small town, the prosecuting attorney won't be of any use. Yes they will issue a warrant for him but that won't do anything about getting your money. He might go to jail, he might get a fine and require to pay you back, but even then he probably won't. In a small town, the prosecuting attorney or police department is more able to do something about the situation.

The best thing to do is to wait until the 5th or 20th of the month, when most people get paid. The 5th is much better. Then take the bounced check to his bank and present it for payment. Most likely, if the account is still open, he gets his paycheck around this time & will have money in the bank to pay his rent, car payment, etc. You can try this over & over until you catch the right time. Depending on the bank, you have 6 months. Do not let the bank punch holes in the bottom of the check. I owned my own business for almost 8 years & had very little experience with bad checks. When I did, this method worked best. You can even call the bank in the morning & verify funds. Tell the bank you have a check & want to see if it is good. If they say, yes funds are available, speed to the bank to get it cashed.

Oh, and then his rent or car payment check will bounce, and you will have some sort of sweet revenge for your aggravation.
 
I would give him a dead line to begin paying you, with legal action to be sought after that time. I would also offer him the ability to pay you in smaller payments if he needs to. I may even offer a trade for a cue of similar value that you can sell. A collections agency would be great, but unless you already have a contract with one, that option is probably out.

Why should someone that does not have enough respect for you to pay you what he agreed to, get a free lesson, when others gave you there hard earned money as agreed.

In the end, I would give him every chance possible to pay you, make payments, or reimburse you in some acceptable manner. However, if no reasonable attempt at payment is made, I would seek the least aggressive means of action required to obtain the payment.
 
Scott Lee said:
I would like to ask the opinions of the many posters here. I know what mine is, but I'd like to hear from others...

What would you do if you gave someone a service and they paid you with a check, and then asked you to hold it for a month. Then when the check was deposited it bounced, and the person gave you the runaround about how they had $$$ troubles and would pay you "as soon as they could". It's been FOUR MONTHS since the service was provided (and by their own admission they benefitted from the service), and the debt remains unpaid. Would you blow it off, keep trying to convince them to pay you, or sue them in small claims court? FWIW, the value of the service was $300+. MI law allows you to sue for triple damages, plus court costs...plus, IIRC bouncing a check is fraud.

Scott Lee
www.poolknowledge.com
Click to expand...

Scott, just tell the poor bastard to read this thread. He will find the money somehow. If you want him to jump fast, tell him if he gives you 200 cash right now, you won't go any further with it and you'll leave his name out of the forum and you won't pursue this through the courts.
JoeyA (cut your losses - make a deal)
 
Hey Scott. Sorry but I have been traveling around the country on business and havent had the time to respond to you. The only time I rally get to check these boards is 2 AM in the morning. Ill try to get in touch with you but dont know where Ill be in the coming months.
 
You know it seems to me that people tend to take advantage of people that are just gonna lay down and take it. If you dont want to be that kind of fella you need to get your money.

Just make it real clear to him that he will be spending 300 dollars either to you or to the med center. If he still dont pay, find you a crack head give em 50 bucks to blast him square in the face with no warning or explination.

wait a week or so then ask him again for your 350 dollars. he will figure out on his own where the other 50 came from.

this has been offered as a joke.
violence dont solve anything, except the things that violence solves...lol
 
WTF. I am appalled to read the many suggestions of violence or theft as a solution. Presumably, Scott, you are a law abiding citizen, as well as a morally standup human being. Excersing those suggestions would be 1000 times worse than the offending parties theft. Why? Because your not like that, and to become so over 300 dollars would be a significant tragedy. For those who stand by those solutions, shame on you. For those that say it was a joke, stop wasting everyones time with your nonsense.

Seeking legal remedies is the only option, but to me, the amount involved seems petty. I'm sure some part of you feel burned, but in the end, its not all that serious.

Its been asked and remains unanswered but I'd sure like to know if he's a member here. If he is, the first thing I would do is ruin his name. I'd do it locally too, if possible.

Tv
 
Talk to your pimp and tell him to shakedown that sucker.

Thats why you have a pimp.

If you want to take personal action than keep a preferred customers list, preventation is a life saver.
 
one more time

Scott Lee said:
I would like to ask the opinions of the many posters here. I know what mine is, but I'd like to hear from others...

What would you do if you gave someone a service and they paid you with a check, and then asked you to hold it for a month. Then when the check was deposited it bounced, and the person gave you the runaround about how they had $$$ troubles and would pay you "as soon as they could". It's been FOUR MONTHS since the service was provided (and by their own admission they benefitted from the service), and the debt remains unpaid. Would you blow it off, keep trying to convince them to pay you, or sue them in small claims court? FWIW, the value of the service was $300+. MI law allows you to sue for triple damages, plus court costs...plus, IIRC bouncing a check is fraud.

Scott Lee
www.poolknowledge.com
Click to expand...

Hi Scott,

You don't say that you have tried re-depositing that check. If it's a guy who is probably on social security, I'd wait until the day after the 3rd and deposit the check. Otherwise, a Friday morning, just after the 1st or 15th (when lots of folks get paid) would be a good time to re-deposit. If the guy is local, take the check to his bank on one of these days and ask them if there is enough money in the account to cover the check. If there is, CASH IT.

Good luck to you!
 
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I don't know what the banking situation is where you are, but where I live you could simply go to the bank and keep presenting the check for certification. If the account is active you may luck in when he actually has sufficient money in the account.

Where I live, small claims is a four step process, each step costing money and taking time, and you need to file in the guy's jurisdiction. Gets to be a pain if that is not convenient. But just filing may make him decide to pay up.

The only time I ever got as far as a trial, the deadbeat showed up with a lawyer. He lost to me, who didn't have a lawyer. He had to pay the full amount, interest, court costs, and the bill from a lawyer who couldn't win.:D

Going to small claims court for a bounced cheque should be cut and dried, unless he disputes that what was paid for was not provided. Who witnessed you providing the service?:D
 
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