NAVY Chief writing bad checks - TWICE !!

[BlissfulMommy]

What is the name of your state? Florida

We have our own Home Improvement Business and took on a job to replace an Oak Stairway in a home owned by a NAVY Chief. Our contract said that we needed a down payment for materials in the amount of $ 1,000. Our client gave us a check in the amount of $ 600 - which was sufficient for the materials we had to buy - so my boyfriend decided that we would start the job anyways, even though our client didn't give us the whole amount - my boyfriend is retired NAVY and said that we could trust this guy. Anyways, we went to our bank and deposited the check and took out the amount the check was written for and bought the materials. The guys went to his home and cut the steps to size and put them down which took about 2 days - salary for 3 people which we had to pay out of our own pocket because the client shortened us on the down payment amount. A few days later I went to our bank to cash another check from another client and the lady in the bank told me that the check from the NAVY Chief had bounced ! Matter of fact, the account the check was written out from was closed - it was a from a bank in Georgia. Our bank charged us $ 30 in fees for the bounced check which the NAVY Chief never reimbursed us for.

My boyfriend called the NAVY Chief and he apologized for the check, his excuse was that "he was in a hurry and didn't realize that he grabbed the wrong check book". We gave him the benefit of a doubt and went back a few days later to get $ 600 in cash. The spindles for the stairway were at a place that takes the paint off which took a good 3 weeks to complete. The spindles are done and the NAVY Chief called us to finish the job. The arrangement was that we would go to his house this morning to pick up a check he left for us and then continue with the work. My boyfriend went to the same bank the check was written from - a different bank than the first bounced check - with the check right away - and guess what - INSUFFIENT FUNDS !! This NAVY Chief stiffed us TWICE !! I am so upset. What are our rights and what can we do ? You would imagine that someone with a high military rank like our client wouldn't write bad checks.

 

[seniorjudge]

Call the cops.

 

[BlissfulMommy]

Call the cops.

seniorjudge, isn't it a civil matter ? The check today was written from his business account and I checked on sunbiz.org and found the company and he is the President of it. The first check was written from his personal account. He is risking his Military career by writing bad checks too isn't he ?

 

[Debt Guy]

He is risking his Military career by writing bad checks too isn't he ?

No. Why on Earth would you think that? Your issue with this guy has nothing to do with his status as military, butcher, baker or candlestick maker. It is simply not relevant.

Personally, I don't think calling the cops will solve the problem. But, you have the right to file a complaint with the cops and the District Attorney will decide whether or not to press criminal charges. Otherwise, this is a civil matter. Sue him in court.​

 

[BlissfulMommy]

He is risking his Military career by writing bad checks too isn't he ?

No. Why on Earth would you think that? Your issue with this guy has nothing to do with his status as military, butcher, baker or candlestick maker. It is simply not relevant.

Personally, I don't think calling the cops will solve the problem. But, you have the right to file a complaint with the cops and the District Attorney will decide whether or not to press criminal charges. Otherwise, this is a civil matter. Sue him in court.​

I found this on the net, quoted from http://law.jrank.org/pages/12518/Military-Issues.html - middle of page.

All civilian crimes are addressed through judicial processes. However, as themilitary has some unique offenses, it also has unique procedures to maintaindiscipline and morale without holding courts-martial. These means include "nonpunitive measures" and "nonjudicial punishment." Because the military regulates such a broad range of behavior and to ensure efficiency of command, a commanding officer has authority to apply "nonpunitive measures" for minor Codeviolations. Relevant behavior includes neglect and inattention, shoplifting,intoxication, fighting, writing bad checks, and driving under the influence.Such measures could involve withholding privileges, counseling, reductions in rank, reassignment of duties, and revocation of security clearances. Complaint procedures allow for review of the commander's actions.
"Nonjudicial punishment" provides actions commanding officers could take forminor offenses to maintain discipline and morale without holding a court-martial.

 

[TigerD]

Your state has a procedure for dishonored checks -- follow it.

 

[Debt Guy]

I found this on the net.....

Okay.... What are you going to do about it? Why don't you get in your car and drive down to the naval base and tell the Marine guard to kick this guy's butt? Nah, skip that. Ask to talk to the Admiral. Thats the ticket!

In the big picture, no one except you really gives a crap. His Skipper might give him a stern look and say, "I don't want to hear anymore about this" and 3 minutes later it is forgotten.

I hope to God that the United States Navy with 14 nuclear powered carrier battle groups and 73 nuclear missle submarines and who knows what else has something better to do than rattle some enlisted man's cage over a civil dispute.

Sheesh.​

 

[MD425]

As a former military officer, I can assure you that the military punishes those in its ranks that write bad checks. It's a fairly serious offense when compared to other non-violent offeneses. It carries several options for punishment. One of which is, yes, taking money from their paycheck. Your best course of action is to take it to the cops and then file a civil suit just as you would sue anyone else who owes you money for work performed. The cops will likely contact his command and they may help you resolve the issue before you get to court.

It's always comical to hear/read people mouth off about the military when they have absolutely no idea what they are talking about. If this guy's not responsible enough to maintain his checkbook do you think he should be responsible for any part of one of those nuclear submarines?

 

[BlissfulMommy]

As a former military officer, I can assure you that the military punishes those in its ranks that write bad checks. It's a fairly serious offense when compared to other non-violent offeneses. It carries several options for punishment. One of which is, yes, taking money from their paycheck. Your best course of action is to take it to the cops and then file a civil suit just as you would sue anyone else who owes you money for work performed. The cops will likely contact his command and they may help you resolve the issue before you get to court.

It's always comical to hear/read people mouth off about the military when they have absolutely no idea what they are talking about. If this guy's not responsible enough to maintain his checkbook do you think he should be responsible for any part of one of those nuclear submarines?

MD425, thank you for your insider point of view! I totally agree with you on the responsibility part. I had a bad "gut feeling" the first time I saw this guy but my boyfriend said that we could trust him because he is a NAVY Chief. We actually deposited the check in our bank account and when it bounces, we'll have written proof that he stiffed us a second time. Once we get the paperwork from our bank, we'll inform the police and they'll take care of the military side of it And we'll sue him in court

 

[Fl_renter]

Let me tell you what happened to my husband. First of all, I will tell you he was STUPID and wrote a check from an account he later closed and never made sure all the checks were cleared. Later, he got stopped at the base gate on a random check and was arrested because he had a warrant for writing a bad check. In FLORIDA, a reported bad check can be cause for a warrant. My husband ended up spending the night in jail and paying almost $300 in fees for a $15 check. If I'd have been in the state instead of at our previous duty station waiting to move, I would have smacked him, hard

Anyhow, because it happened to be a weekend, his command knew what was going on but since he took care of everything on his own, they did nothing. HOWEVER, they did tell him that if they had to get involved, he would go to CO mast.

Defintiely take Debtcollectors advice and follow the procedure in the state of FL. Whether or not anything happens to him through the Navy is like everything else in the Navy, it's up to the command and what they decide.

Military members are just regular people who make mistakes BUT report it asap so he can pay for his!

 

[pcgumshoe]

Call the cops.

Gee, are all your 17,000 other posts as insightful as this?

Why do we still use checks? I wouldn't take a check for the life of me.

You could file a complaint, but the cops aren't going to come to you. I too live in Florida and I believe (having not checked) that if found guilty for passing a bad check, that might be a misdemeanor. BUT, living in Florida, I don't think the cops are going to pursue this. They've got bigger fish to fry!

You could take him to small claims court and the checks are you evidence.

 

[Fl_renter]

Gee, are all your 17,000 other posts as insightful as this?

Why do we still use checks? I wouldn't take a check for the life of me.

You could file a complaint, but the cops aren't going to come to you. I too live in Florida and I believe (having not checked) that if found guilty for passing a bad check, that might be a misdemeanor. BUT, living in Florida, I don't think the cops are going to pursue this. They've got bigger fish to fry!

IT certainly is a misdemenor and the amount of the check/s depends on the class it is. Calling the cops for a bad check is going to do nothing, you have to go through the right procedure to report the bad check. It will then be processed and there will be a warrant put out for the person in question. THEN, if you want to, you can call the cops and tell them where to find the person with the warrant. If they go to jail (and then court), they will be given time to pay the check plus fees, if they do not, they will be in contempt and sent back to jail. Florida is the only state that *I* know of that takes bad checks seriously!