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kabal

Junior Member
What is the name of your state? Florida

I am a small business owner In Florida.

My Issue, I had a contractor do a job for me. I have set prices that I pay for certain jobs. When the contractor took the job I explained the prices that would be paid with the individual. I work on a net 30 payment schedule and explained this to the individual.

Well he did the job and billed me for 200% over our agreed price. I said that this was unsatisfactory and that I would pay him the agreedamount. He than held some of my merchandise hostage and said he would not deliver if i didn't pay him the amout he requested.

So to get my merchandise I wrote him a check on a closed account. The merchandise was valued at $90,000 so I was eagar to take it off his hands. He became aware that I had fooled him and now I am being sued. Our aggreement was a verbal one and there was no signed docment.

Can someone tell me what my options are. I feel now I am being blackmailed by using the court against me.
 


Leinalani

Member
kabal said:
What is the name of your state? Florida

I am a small business owner In Florida.

My Issue, I had a contractor do a job for me. I have set prices that I pay for certain jobs. When the contractor took the job I explained the prices that would be paid with the individual. I work on a net 30 payment schedule and explained this to the individual.

Well he did the job and billed me for 200% over our agreed price. I said that this was unsatisfactory and that I would pay him the agreedamount. He than held some of my merchandise hostage and said he would not deliver if i didn't pay him the amout he requested.

So to get my merchandise I wrote him a check on a closed account. The merchandise was valued at $90,000 so I was eagar to take it off his hands. He became aware that I had fooled him and now I am being sued. Our aggreement was a verbal one and there was no signed docment.

Can someone tell me what my options are. I feel now I am being blackmailed by using the court against me.
Why didn't you just file a police report when he withheld your personal merchandise? That's called theft.
 

HomeGuru

Senior Member
kabal said:
What is the name of your state? Florida

I am a small business owner In Florida.

My Issue, I had a contractor do a job for me. I have set prices that I pay for certain jobs. When the contractor took the job I explained the prices that would be paid with the individual. I work on a net 30 payment schedule and explained this to the individual.

Well he did the job and billed me for 200% over our agreed price. I said that this was unsatisfactory and that I would pay him the agreedamount. He than held some of my merchandise hostage and said he would not deliver if i didn't pay him the amout he requested.

So to get my merchandise I wrote him a check on a closed account. The merchandise was valued at $90,000 so I was eagar to take it off his hands. He became aware that I had fooled him and now I am being sued. Our aggreement was a verbal one and there was no signed docment.

Can someone tell me what my options are. I feel now I am being blackmailed by using the court against me.

**A: this is a riot. You paid with a bogus check. Great strategy. I guess he will get the last laugh.
 

HomeGuru

Senior Member
BelizeBreeze said:
Theft from a thief...even funnier :D

**A: that would be a sight to behold. Both pointing fingers at each other.

Thief #1: Officer it was him.
Thief #2: No officer, it was him.
 

HomeGuru

Senior Member
Cop #1: cut it out guys before I shoot both of you.
Cop #2: it's MY turn to shoot.
Cop#1: no way, you bought the donuts and coffee so it's MY turn to shoot.
Cop #2: Ok, why can't we both shoot. And since we dealing with 2 idiots. Let's use the shot gun from the trunk.
Cop #1. Ok, it's a plan. Now hold my coffee.
 

BelizeBreeze

Senior Member
HomeGuru said:
Cop #1: cut it out guys before I shoot both of you.
Cop #2: it's MY turn to shoot.
Cop#1: no way, you bought the donuts and coffee so it's MY turn to shoot.
Cop #2: Ok, why can't we both shoot. And since we dealing with 2 idiots. Let's use the shot gun from the trunk.
Cop #1. Ok, it's a plan. Now hold my coffee.
Black's Law Definition of JUSTICE :D
 

JETX

Senior Member
kabal said:
So to get my merchandise I wrote him a check on a closed account. The merchandise was valued at $90,000
Can you say CRIMINAL fraud/theft??

Florida Statute:
832.05 Giving worthless checks, drafts, and debit card orders; penalty; duty of drawee; evidence; costs; complaint form.--
(a) It is unlawful for any person, firm, or corporation to draw, make, utter, issue, or deliver to another any check, draft, or other written order on any bank or depository, or to use a debit card, for the payment of money or its equivalent, knowing at the time of the drawing, making, uttering, issuing, or delivering such check or draft, or at the time of using such debit card, that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation; except that this section does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the drawer did not have on deposit or to the drawer's credit with the drawee sufficient funds to ensure payment as aforesaid, nor does this section apply to any postdated check.

(b) A violation of the provisions of this subsection constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, unless the check, draft, debit card order, or other written order drawn, made, uttered, issued, or delivered is in the amount of $150, or its equivalent, or more and the payee or a subsequent holder thereof receives something of value therefor. In that event, the violation constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0832/ch0832.htm

As for punishment:
775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--
(d) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.
 

kabal

Junior Member
well I see that my dilema is a joke. I did call the police and they said it is a civil matter and they wouldn't get involved.

Listen the Guy transported 3 corvettes that I bought on the east coast of Florida to my home. I pay $200.00 a car for the transport, He agreed to this term before he picked up the cars. He than presened me a bill for 1,200.00 and said he would'nt deliver the cars unless I paid that amount. I called the police and they stated it was a civil matter.

I had the cars already sold to other partys so I needed them delivered. I wasn't going to give in to his demand because I knew I would never see the money again. So thats when I delivered the bogus check. I than sent $600.00 the agreed amount to his business address in which I have record of.
 

Leinalani

Member
kabal said:
well I see that my dilema is a joke. I did call the police and they said it is a civil matter and they wouldn't get involved.

Listen the Guy transported 3 corvettes that I bought on the east coast of Florida to my home. I pay $200.00 a car for the transport, He agreed to this term before he picked up the cars. He than presened me a bill for 1,200.00 and said he would'nt deliver the cars unless I paid that amount. I called the police and they stated it was a civil matter.

I had the cars already sold to other partys so I needed them delivered. I wasn't going to give in to his demand because I knew I would never see the money again. So thats when I delivered the bogus check. I than sent $600.00 the agreed amount to his business address in which I have record of.
Well, he's got a case against you, that's for sure. And the other posters were right, you've committed a felony by signing and handing over a check from an account you KNEW was closed.

Next time you have someone transport cars for you (after you get out of jail), have them sign a contract.....
 

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