Question re: bounced check, canceled account

[capnrusty]

What is the name of your state? Connecticut


Hi,

I am a musician. I recently played a wedding in which the payment per musician was $250. We were given $150 in cash and a $100 check. The following morning, the issuer of the check called each one of us and told us not to cash the check, as her purse was stolen at the wedding and she had to cancel her checking account. She said she'd mail new checks that week...

...two weeks later, no checks...I contacted her and she said the checks would be mailed by the 12th and would arrive no later than the 15th...a total of 34 days later and still no checks...

Some band members actually deposited the checks before her initial phone call and the checks bounced. Those of us who did not cash our checks still have possession of them.

What should we do to get paid? I am afraid she never intended on paying us the balance and closed her account on purpose. Is this a small claims matter or should I contact a collection agency? Does the fact that the account is no longer open complicate matters? She seems to have written the checks on a Saturday and closed the account on a Monday, though I can't be sure. Can I find out the date which her account was closed?

Thanks!

 

[FlyingRon]

It doesn't matter when the account was closed (I mean it might if you held the checks for months before presenting them, but not in this case). Tell her to bring cash or other certified funds (cashier check, money order) immediately or call up the local police department and ask for the bad check department. You're being strung out here.

 

[capnrusty]

Thanks for your reply, Ron.

So it counts as a "bad check" even if, according to her, it was not intentional? (again, she claims she closed the account because her purse was stolen). I though it only counted a s a bad check if she willingly tried to defraud me/us. Now, she very well might have willingly tried to pull one over on us, but how can I prove that? Do I even need to prove it?

 

[djohnson]

It is up to her to make good. Showing that the check has been returned from her bank makes it a bad check. Send a certified letter for collection and in ten days file a warrant. Even if her purse was stolen, she would not have had to close the account, she could have just put a stop payment on those checks that were missing. Most banks do this as a courtesy the first time, and at most charge one fee for all checks missing. It sounds like a scam to me.

 

[capnrusty]

Okay, so I tried to cash the check today (at her bank) so I could get this ball rolling...the teller would only say, "I can't give you money for this check at this time." He wouldn't say if the account was closed or if there was a stop payment on the check, just I can't give you money for this check at this time." I guess I'm gonna go deposit it into my account now and let it bounce.


Interestingly enough, I just noticed that the check was postdated for the date that she called all of us on to tell us not to cash them. (we received the checks on a Saturday night and the checks were postdated/canceled on the following Monday morning).

If she stopped payment on the checks does it effect my case at all? Maybe she wasn't happy with the job we did? Unfortunately, we didn't have a written contract (I have learned my lesson). But, if she was unhappy, why give us the checks at all?