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Thought for the day, Might apply to wsr too
Posted: July 24th, 2004, 12:32 pm
by scratchy
Well I got my first hot check returned to me this week. I went to the address the day I got the check and customer says I will pay you tomorrow when I get payed. No show. I think I would like to walk through the process of prosecuting with this one seeing it is probably going to happen now and then in the future. Anybody done this and have any pointers? The amount was less than $50.
How to prosecute hot check writer?
Posted: July 24th, 2004, 1:29 pm
by CPR
Where I live in Florida if you have the persons drivers license # you can go to the sherrifs department and they will chase them for you. I dont know if every state is the same, but it's worth a phone call.
Posted: July 24th, 2004, 3:15 pm
by Coitster
Actualy in the State of Texas it is illigal to bounce checks. Just like in florida if you go down to the sheriffs office they will put out a warrant for that person, and the sharriff will go out and arrest them. They are tough here in Texas.
David
Coitster
Posted: July 24th, 2004, 4:12 pm
by DaveC
In Alabama you go to the DA's office and pay a $15.00 fee and they prosecute. However, if you failed to record Driver's License #, Home & Work Tel. #'s, etc... they will take no action.
Something else that you may have going for you .... since you performed work/services on a vehicle, you can possibly/probably place a mechanics lien on their vehicle.
Posted: July 25th, 2004, 1:06 pm
by nwglasspros
Interesting topic

Anyone have any material on handling these?
Posted: July 25th, 2004, 6:37 pm
by Scott Tyner
You could send a certified letter stating your intent to pursue prosecution. This may be all that's needed to get the person to pay and you would avoid the hassle of going to the DA's office.
Personally, I would just send a few non-certified letters, spaced a week apart to try and get the matter resolved.
Maybe you could offer them a payment arrangement. Break the total bill into 2, 3 or more payments.
Unless you do a great deal of non-insurance jobs, you shouldn't get that many bounced checks. If I was faced with this, even though I did the work and should be compensated, the financial circumstances of the individual who wrote the bad check could be "not so good."
Some of you might say "well, why did they get it fixed if they couldn't pay for it?" Who knows why? But, I just feel that it would work out better for all involved, to try and resolve the matter peacefully.
The customer would most likely be impressed by your goodwill and generous offer to accept payments. And you would get the full amount owed to you.
Scott
Posted: July 25th, 2004, 7:01 pm
by mafsu
I would send a certified letter first. After that I would go to the DA or magistrate whichever is appropriate in your locale. I definitely would not set up payment arrangements in this particular case. While I can understand the urge to seek a peaceful resolution. I don't see where one is forthcoming here. This customer has already "run out" on paying twice.
"Fool me one time shame on you, fool me two times shame on me"
Posted: July 26th, 2004, 6:29 am
by dgarza
if it was me I would be waiting for him in the dark sitting in his lazy boy when he came home. but thats just me

Posted: July 26th, 2004, 6:36 am
by DaveC
Another tack ...
If the check was returned NSF (and not on a closed account), keep redepositing it. Sooner or later there should be money in his account. The added bonus is he will be charged a fee for each time it bounces;)
Posted: July 26th, 2004, 7:04 am
by dgarza
yes but you too will be charged a fee every time, correct? I know my bank does.