Stopped payment on a check...

[m_craven]

HI,

I found a partial answer for my question but when I asked my part I was told to start my own thread? Oh well....

I own a SMALL factory in n. ga, we make concrete products and I wholesale them to landscapers and garden centers...

I sold a guy $1,200 worth of pottery.. He wrote a check that day for it, I told hime I would hold it until monday after he picked up the balance of his order.. He came by on that monday and picked up his products.. I told him I was going to the bank, he asked for a little time on the check, so I gace him 10 days.

I called him to let him know that 10 days had past, and I was going to cash his check.. He replied with "OK'...


I got the check back and it had "Stop Payment" stamped on it? So I called, he said his wife had done that... Well he will not return our calls or answer his phone...

What steps should I take?

it's $1,200.00, he has sold the product.... isnt this steeling? a crime, prosacutable by the state?

 

[Antigone*]

HI,

I found a partial answer for my question but when I asked my part I was told to start my own thread? Oh well....

I own a SMALL factory in n. ga, we make concrete products and I wholesale them to landscapers and garden centers...

I sold a guy $1,200 worth of pottery.. He wrote a check that day for it, I told hime I would hold it until monday after he picked up the balance of his order.. He came by on that monday and picked up his products.. I told him I was going to the bank, he asked for a little time on the check, so I gace him 10 days.

I called him to let him know that 10 days had past, and I was going to cash his check.. He replied with "OK'...


I got the check back and it had "Stop Payment" stamped on it? So I called, he said his wife had done that... Well he will not return our calls or answer his phone...

What steps should I take?

it's $1,200.00, he has sold the product.... isnt this steeling? a crime, prosacutable by the state?

He has stolen from you. You need to send him a demand letter. You may find some helpful information at this website.

georgia.gov - Bad Checks

eta. Thank you for starting your own thread

 

[m_craven]

Cutoooooos Thanks. I'll look thast up!!!!

 

[m_craven]

It's deleted or moved? couldn't find it?

 

[Antigone*]

It's deleted or moved? couldn't find it?

Sorry about that, M_craven.

Google Department of Banking and Finance for Georgia and then in that website use the search function for "bad checks".

Hope that helps.

 

[m_craven]

Ok, but it's not a case of insuficiant funds? Is a bad check the same?

 

[Antigone*]

Ok, but it's not a case of insuficiant funds? Is a bad check the same?

Same difference . The jerk stole from you. Hope things go well for you.

 

[Andy0192]

It seems Georgia makes some distinction regarding stop payment vs. Insufficient Funds:

hb1043.html

Said Code section is further amended by inserting a new subsection (l) to read as follows:
"(l) A financial institution presented with an instrument that is to be returned because of a stop-payment order shall provide verification to the holder of the worthless instrument as to whether there were sufficient funds in the accused́s account to process the instrument at the time the stop payment was ordered and at the time the instrument was presented."

So it seems to be a different situation if they put a stop payment on the check because they knew it would have bounced anyway. Did your Bank give you any indication of whether they had sufficient funds ?

P.S. - I hope you've learned to NEVER take a post-dated check.

 

[m_craven]

Post dated, Not... It was not post dated!! You NEVER take a post dated check! I just held it for him, out of kindness....

 

[cosine]

So did his bank verify that the check could have been processed with sufficient funds had there been no stop-payment order?

 

[Antigone*]

So did his bank verify that the check could have been processed with sufficient funds had there been no stop-payment order?

Sorry cosine, but the bank is NOT going to verify sufficient funds at all, period, end of story. They will either pay the check (of no stops) or bounce the check.

OP... send the demand, use the information on that website to tailor your verbiage. If you don't get paid in 10 day sue the idiot.

 

[StephenH]

Send a demand letter for payment, adding a returned check charge. If there is a legitimate reason for a stop payment (i.e. fraud on his account, etc) allow him to issue another check.

If he does not respond to the demand letter, you can take him to small claims court or hire a collection agency.

 

[TigerD]

Contact your county prosecutors office and ask for the bad check person. They will tell you what you need to do for them to prosecute.

Criminal complaints get paid faster than civil -- it has something to do with the handcuffs I think.

DC

 

[m_craven]

Thanks for all the input...

The guy returned my call after this was posted yesterday. He's supposed to bring some cash Friday and set up a payment schedule over three weeks. I'm cool with that but will it interfear later if he doesn't pay?
He was calling me Mister Craven and saying Yes Sir.. But that's no to say he'll pay me?!