your opinions please...

Thank you sir!

yobaqua...Thanks very much. We've been trying to get together for quite a while now! :D I hope we get the chance sometime. I enjoy reading your posts, and I look forward to us meeting at some point. Perhaps at the Q-Olympics in Louisville. Randyg and I will be doing a multiple day pool school during this event.

Scott Lee
www.poolknowledge.com

yobagua said:
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.
 
Williebetmore said:
I'm with JoeyA. Deadbeats, sleazebags, and criminals should be "outed."

Even if you decide to let the matter go and take a loss; it would be a public service to let the world know of his behavior (unless of course you like him a lot better than us). Otherwise the rest of us stand to get burned by this guy in some way or another.

sorry willie:
I put in the SARCASTIC- Roll eyes- Smiley because I wanted to show I was being saracastic.

If someone makes a mistake, I think they should be given an opportunity to fix it. I don't think I will be giving $300 worth of lessons to anyone in the near future and I am a little careful about making sure I get paid, although it may be possible that when Smorgass Bored got me drunk on the grapes, he could possbly have somehow short changed me on the count as I can't be sure. He was handling the money.

I think what has been done to Scott is despicable. He can count his blessings if this is the toughest lesson learned in life.

I think like one of the other posters so marvelously wrote and that Scott should use his own judgment and decide what is best for HIM, the future )and his career).

I don't want to know who he is for the sake of knowing who he is. I doubt that I will run across him in the future. If Scott thinks that this is just punishment so be it, but I would think long and hard about all of the ramifications before posting his private info.

WE DON'T KNOW ALL OF THE DETAILS AND CIRCUMSTANCES.
Look at what happened to poor Richard as he was villified relentlessly.
JoeyA
 
Let's see...I want to buy something from you, a product or service and I don't have any money ($300.00, if someone doesn't have $ 300.00 to his name and he's an adult he's probably a bum) but I will give you a piece of paper(check) you can cash in a month. Sounds like a real poor buisness practice policy. It's like saying " Hey rip me off"!

Your poor buisness policy practice enabled this guy to rip you off.

Take him to small claims court, don't let him get away with it, if you do not you are enabling him and others like him to rip people off. The "it's only three hundred and don't waste time collecting it is foolish". Collecting the money is important and the grief and aggrevation he will have to deal with in court and hopefully a penalty is well deserved by him and others like him, so others will be aware of his poor character and not to be trusted. It might save others from being in your situation.
 
Thanks to everyone!

I have read everyone's posts, and there's a lot of good information. I am not a violent person, and certainly would never "hunt someone down" or "hire Vito" (at least not for this small amount)! LOL I have notified this person, and he IS a frequent poster here, so I am assuming he has read this thread already. Our last phone conversation two weeks ago got a little heated on my end, and he hung up on me. I phoned back to let him know that I would handle it my way if I did not receive the funds within a week. So far nothing... One thing I will do, if I don't receive satisfaction soon, is out him here personally. He is from another state, so going to his bank with the twice-submitted check is not really an option, without me traveling several hundred miles. At the time I knew what I was getting into, and I did not expect to have this happen. However, with all the available places to borrow small sums on just your signature, I can't understand why he has put me off for so long (unless he meant not to pay me...which I do NOT believe was the case). Truthfully there is some culpability on both sides here. I mistakenly deposited his check after 3 weeks, instead of 4, and that presumably caused the overdraft. Even so, he maintained that he would pay me off no later than almost a month ago. He works full time at a good job, owns a home, and drives a nice car. It should be no problem for him to get the money, whether from a credit card, or a check-cashing place. We'll see what happens...

Thanks for everyone's opinions and suggestions!

Scott Lee
www.poolknowledge.com
 
Scott: If you have the time, and it happened in your jurisdiction, I'd just file the lawsuit. We have a similar provision in Illinois that I had to use recently. After you obtained the judgment, you could garnish his wages, and his bank account and you could probably put a lien on any real property he may have.

If you could convince a local states attorney to file a criminal case against him, it would probably be quicker.
 
Scott Lee said:
Truthfully there is some culpability on both sides here. I mistakenly deposited his check after 3 weeks, instead of 4, and that presumably caused the overdraft. Even so, he maintained that he would pay me off no later than almost a month ago. He works full time at a good job, owns a home, and drives a nice car. It should be no problem for him to get the money, whether from a credit card, or a check-cashing place.

Oh, so you hosed him...lol There is the possability that the bounce costed him fees and he really doesn't have enough to pay you now because of your early cashing of the check... In that case I can't justify him spending the money so foolishly, nor should he even let you have the option to bounce the check by cashing it early (meaning he shouldn't write checks before the money is there). There seem to be a lot of mistakes here, on both accounts, as you mentioned.

As far as I can tell, the right thing to do is be a little more patient since you *may have* caused this by pre-maturely cashing the check. He still owes you, so set a time frame with the guy, and after that date do what you've got to do.
 
well i mean seriously.......if you are down on your luck and having hard times....should you really be ponying up 300 bucks for pool lessons? Its that kind of money management that gets you in hard times to begin with. If he didnt plan on ripping you off from the get-go, he definitely wasnt worried about it.......if the money was there in a month great, if it wasnt too bad so sad for you. There are people who go thru life rippin off everybody they can, youre out of state, youre traveling thru, its too small an amount to hire a lawyer over.........i woudnt be shocked if it was premeditated. You probably got 2 years before the statute of limitations runs out, maybe more........id try to work it out where i had the warrant (civl not criminal)served and then get my court date when im going back that way, Nothing lower than a scammer.
 
Scott, I am sorry to hear that this happened to you. You certainly don't deserve all this crap as you are a genuinely good person. I hope you wind up getting atleast some of what is owed to you.

Also, thanks for the surprise visit a few weeks ago. That was way cool and very enjoyable. By the way, both my summer league teams finished in first place.
 
Good Post

3andstop said:
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. :)

I totally agree that going to small claims is nothing more than an air prize. Getting a judgment and getting paid are two different things. Enforcing the judgment is not easy unless you have a friend in the police dept. I like the idea of threatening arrest and if you can find some language in the criminal code of the state where this happened, send it to him with the threat of following through. That may be all you have to do to get your money. By the way, don't take another check from him! LOL!
 
Scott Lee said:
Truthfully there is some culpability on both sides here. I mistakenly deposited his check after 3 weeks, instead of 4, and that presumably caused the overdraft.
www.poolknowledge.com

If you didn't get your money how could you have caused an overdraft?:confused: :confused: :confused:

This turkey probably does not have overdraft protection, or if he does, he runs it at the limit to pay for house cars toys ....:D
 
Scaramouche said:
If you didn't get your money how could you have caused an overdraft?:confused: :confused: :confused:

This turkey probably does not have overdraft protection, or if he does, he runs it at the limit to pay for house cars toys ....:D

Scaramouche...You may be right! It seems pretty strange to me too...:rolleyes:

Scott Lee
www.poolknowledge.com
 
Rickw said:
I totally agree that going to small claims is nothing more than an air prize. Getting a judgment and getting paid are two different things. Enforcing the judgment is not easy unless you have a friend in the police dept. I like the idea of threatening arrest and if you can find some language in the criminal code of the state where this happened, send it to him with the threat of following through. That may be all you have to do to get your money. By the way, don't take another check from him! LOL!

i dont know how other states work but here in va once you get a judgement its just a matter of knowing where someone works to get a garnishment on their pay. Also you record it with the clerk and if that person sells any real estate (in va its 20 years) they hold the money for judgements out of the closing and pay you that way. Ive also had people who straighten out and decide they want to buy a house or something and OOOPSSSSSS, that judgement is on their credit report and now they cant get financing, they want to pay it off and get it off there. But like i said thats va...
 
Check the laws of their state and file a claim with the state attorney general's office according to the form of that state. It is illegal to write bad checks in every state. It is a felony to write a bad check for interstate commerce.

You can write a letter to the offender using the form letter you can often find at the Attorney General's office. This contains the exact wording you should use along with the applicable laws. When they do not make remuneration by the deadline outlined in the letter then turn it over to the AG's office as a criminal offense and let them prosecute it.

Or find someone to buy the debt and then they will hound the person. There are many collection agencies that only charge you if they collect. Others will actually give you cash for the debt, say $250 of your $300 and then they will go after the debtor. Look online and you'll find any number of companies willing to handle this for you.
 
Scott, if you agree to certain terms such as allowing a person to post date a check then you have made a contract with them and your claim might not be covered under criminal law.

In effect you have granted them terms of payment which amounts to a contract.

The submission of the the check early violated the terms you agreed upon. In effect, the other party could ask you to pay the fees incurred by your presentment.

They are still obligated to pay the amount agreed upon though at the time they agreed to pay it.

Using the line that they will "pay you whe they can" is BS. I am still owed $500 from one guy, $500 from another, and $800 from another that I will never see from losers who gamble and spend more than these amounts all the time. These are people who bought my goods, made money on the sale of them, and have cheated me out of the money.

It's a screwy world when someone gets a jail sentence for stealing a tv but if they don't pay their bills they are allowed to cause all kinds of hardship for the people they owe. Why isn't stealing my services, goods, and time not considered to be as criminal as breaking into a store?

I bet if it were then it would cut down on deadbeats quite a bit.
 
scottycoyote said:
i dont know how other states work but here in va once you get a judgement its just a matter of knowing where someone works to get a garnishment on their pay. Also you record it with the clerk and if that person sells any real estate (in va its 20 years) they hold the money for judgements out of the closing and pay you that way. Ive also had people who straighten out and decide they want to buy a house or something and OOOPSSSSSS, that judgement is on their credit report and now they cant get financing, they want to pay it off and get it off there. But like i said thats va...

Here in CA, you have to have someone serve the wage assignment. I don't believe you can serve it yourself. The police here are up to their eyeballs trying to prevent much worse crimes from occuring to spend time serving wage assignments.

Also, liens are what you use here to satisfy a judgment on real property. The whole process is not easy for the average person to handle. It would be nice if someone with the authority of law to handle the collections on judgments.
 
check

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
take him off my christmas card list!!!!!!:D :D :D :D
 
still possible

Scott Lee said:
Scaramouche...You may be right! It seems pretty strange to me too...:rolleyes:

Scott Lee
www.poolknowledge.com



A local bank charges $65 every time a check is presented for payment and doesn't clear. That means that you could already have cost the writer a hundred and thirty dollars more or less. You are still entitled to your money although it would be reasonable to compromise the amount of the overdraft fee for the first time you presented the check earlier than you had agreed to.

A friend's son had made a math error on his new checking account and was proudly going around writing checks for less than five dollars. Those checks cost him up to a hundred dollars apiece to retrieve between bank fees and merchant fees.

Hu
 
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
Scott,

You are on the high road, and should stay there. Put the check in your safe deposit box and then let the whole thing fade away. You've made it 4 months without the money...

He may need it more than you. Or he may be a scammer, or he may just be immature. In any case, you don't need the stress and heartache over money.

Like you I would be pissed at first (my ego from having a fast one pulled on me), but I wouldn't lose a minute of sleep trying to "punish" the other guy. Life's too short.

-td
 
To the guilty party: Scott doesn't deserve this kind of treatment and YOU know it! Be a man and pay him NOW! Don't make us come over there!
 
At the very least, the offender should receive a lifetime ban from playing in the AZB room at DCC. I'll mark him off the list (one very prominent poster has already been barred for promising to "pay later", and not doing it).
 
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