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