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  1. #1
    riteway is offline Junior Member
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    Fees to charge due to Bad Check

    Oregon

    We are small business in Oregon and had a customer bounce a $460.00 check which caused us a lot of problems. Here are a few of the details

    #1 This isn't the first time they have bounced a check or caused us grief when it came to collecting money from them for services rendered.

    #2 This is the last time we plan on doing business with these people.

    #3 When their check bounced it caused a ripple effect in our account to the tune of approx. $330.00, fees the bank charged us for checks we wrote that were nsf as a result of their lack of funds.

    #4 We ran the check twice, both times she was "shocked there was no money, there should have been" and both times their check bounced.

    #5 Tried for several weeks to get them to make good on the check, they intentionaly dodged us and several times lied to us regarding their situation, i.e. we will pay you tomorrow (that came and went and no check) etc etc.

    #6 Sent a demand letter that they had until such and such time to pay the original amount, plus the nsf fees (both times their check had bounced) and the bank fees we incured (330.00). I spoke to them several times and told them if they forced me to send the demand letter we would seek all the fees minus any payments made, and if we had too we would do so in court. In the demand letter it also kept the option open to sue for three times the amount of the check. (We don't want three times the check just the money we are out)

    #7 They totally disregarded our demand letter and paid via a cashier check one day after the demand letter deadline date and only paid the original check amount (they are very spitfull people).

    #8 Our banks assistant manager said we should sue them for all the fees we had to pay as a result of their bad check, because it was so much.

    My question is and I apologize if it is obvious (I have checked everywhere trying to get my answer but have not found anything that discusses our situation) can we take them to small claims court for fees we incured over and above just the $35.00 check fee. Can we sue for the check bouncing twice $70.00 and the costs we incured as a result plus 330.00..

    Again, I would not normally do this but these people think this is a game and it is apparent they don't give a x0x000xx0, this time I mean it I am going to take this as far as I can.

    Thank you so much for any advise you can give it is really appreciated.
    Small Business Owner in Oregon
    Last edited by riteway; 03-22-2010 at 03:37 PM. Reason: More info given
  2. #2
    Stevef is offline Senior Member
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    I dunno. What time is it?
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    Quote Originally Posted by riteway View Post
    can we take them to small claims court for fees we incured over and abouve just the $35.00 check fee.
    How do you get from $70 to $330?

    If the difference was due to negligence on you part, you can't collect it from them.
  3. #3
    riteway is offline Junior Member
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    My negligence? When we deposit a check from a customer we assume it is good, shouldn't we? When we deposit a customer check into our business account and turn around and write checks to our creditors we expect them to be good. We wouldn't wirte them if they were not.
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by riteway View Post
    Oregon

    We are small business in Oregon and had a customer bounce a $460.00 check which caused us a lot of problems. Here are a few of the details

    #1 This isn't the first time they have bounced a check or caused us grief when it came to collecting money from them for services rendered.

    #2 This is the last time we plan on doing business with these people.

    #3 When their check bounced it caused a ripple effect in our account to the tune of approx. $330.00, fees the bank charged us for checks we wrote that were nsf as a result of their lack of funds.

    #4 We ran the check twice, both times she was "shocked there was no money, there should have been" and both times their check bounced.

    #5 Tried for several weeks to get them to make good on the check, they intentionaly dodged us and several times lied to us regarding their situation, i.e. we will pay you tomorrow (that came and went and no check) etc etc.

    #6 Sent a demand letter that they had until such and such time to pay the original amount, plus the nsf fees (both times their check had bounced) and the bank fees we incured (330.00). I spoke to them several times and told them if they forced me to send the demand letter we would seek all the fees minus any payments made, and if we had too we would do so in court. In the demand letter it also kept the option open to sue for three times the amount of the check. (We don't want three times the check just the money we are out)

    #7 They totally disregarded our demand letter and paid via a cashier check one day after the demand letter deadline date and only paid the original check amount (they are very spitfull people).

    #8 Our banks assistant manager said we should sue them for all the fees we had to pay as a result of their bad check, because it was so much.

    My question is and I apologize if it is obvious (I have checked everywhere trying to get my answer but have not found anything that discusses our situation) can we take them to small claims court for fees we incured over and above just the $35.00 check fee. Can we sue for the check bouncing twice $70.00 and the costs we incured as a result plus 330.00..

    Again, I would not normally do this but these people think this is a game and it is apparent they don't give a x0x000xx0, this time I mean it I am going to take this as far as I can.

    Thank you so much for any advise you can give it is really appreciated.
    Small Business Owner in Oregon
    My opinion is that this would be a huge waste of your time.

    I'd say you might get compensated for the first set of fees ~ definitely not for the second set.

    In addition, for your bank to charge you $35 for the NSF fee, I suspect that this is not the first incidence of NSF in your account.
  5. #5
    riteway is offline Junior Member
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    First question I have are you an attorney? Second, are you kidding me are you familiar with the banking industry? Your right I'm the bad guy here and my bank thinks so too. Also, that explains why a business charges nsf fees, they do it because they want a little extra money, doesn't cost the business anything!!
  6. #6
    debtcollector` is offline Senior Member
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    [QUOTE=riteway;2518554]
    We are small business in Oregon and had a customer bounce a $460.00 check which caused us a lot of problems. Here are a few of the details

    Quote Originally Posted by riteway View Post
    #1 This isn't the first time they have bounced a check or caused us grief when it came to collecting money from them for services rendered.
    If they have bounced checks in the past, don't you think it is rather short-sighted, or thoughtless, to accept checks from him in the future? You should not have accepted the check. You were negligent.

    Quote Originally Posted by riteway View Post
    #2 This is the last time we plan on doing business with these people.
    Why? Just put them on a cash basis - which you should have done the first time one of their checks bounced.

    Quote Originally Posted by riteway View Post
    #3 When their check bounced it caused a ripple effect in our account to the tune of approx. $330.00, fees the bank charged us for checks we wrote that were nsf as a result of their lack of funds.
    Then your business was undercapitalized. You need to maintain enough cash in your accounts to conduct business.

    Quote Originally Posted by riteway View Post
    #4 We ran the check twice, both times she was "shocked there was no money, there should have been" and both times their check bounced.
    So, you are a sucker. Call the prosecutor's office and turn the check over to them.

    Quote Originally Posted by riteway View Post
    #5 Tried for several weeks to get them to make good on the check, they intentionaly dodged us and several times lied to us regarding their situation, i.e. we will pay you tomorrow (that came and went and no check) etc etc.
    Call the prosecutor's office.

    Quote Originally Posted by riteway View Post
    #6 Sent a demand letter that they had until such and such time to pay the original amount, plus the nsf fees (both times their check had bounced) and the bank fees we incured (330.00). I spoke to them several times and told them if they forced me to send the demand letter we would seek all the fees minus any payments made, and if we had too we would do so in court. In the demand letter it also kept the option open to sue for three times the amount of the check. (We don't want three times the check just the money we are out)
    You need to collect the full amount to which you are entitled.

    Quote Originally Posted by riteway View Post
    #7 They totally disregarded our demand letter and paid via a cashier check one day after the demand letter deadline date and only paid the original check amount (they are very spitfull people).
    Did they pay the bounced check fee too? If not, keep going after them.

    Quote Originally Posted by riteway View Post
    #8 Our banks assistant manager said we should sue them for all the fees we had to pay as a result of their bad check, because it was so much.
    You can try - but you will not be successful.

    Quote Originally Posted by riteway View Post
    My question is and I apologize if it is obvious (I have checked everywhere trying to get my answer but have not found anything that discusses our situation) can we take them to small claims court for fees we incured over and above just the $35.00 check fee. Can we sue for the check bouncing twice $70.00 and the costs we incured as a result plus 330.00..
    From a layperson (not a lawyer) No. You should not have redeposited the check. You should have turned the check over to the Prosecutor and/or followed the procedures his office told you to follow.

    DC
  7. #7
    Antigone* is offline Senior Member
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    Quote Originally Posted by riteway View Post
    First question I have are you an attorney? Second, are you kidding me are you familiar with the banking industry? Your right I'm the bad guy here and my bank thinks so too. Also, that explains why a business charges nsf fees, they do it because they want a little extra money, doesn't cost the business anything!!
    Not a very bright business person I see. . Well I will call it a day with your post and leave you to your poorly run and unprofitable endeavor.

    As a possible stockholder of your bank (I have several in my portfolio) I thank you for the additional revenue your ineptness has provided.
  8. #8
    ecmst12 is offline Senior Member
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    No one is calling you a 'bad guy'. But it's bad business to write checks on funds that haven't cleared yet. That part is your fault - don't 'assume' funds are going to make it into your account after you deposit a check, you need to WAIT until the funds are actually there!

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