stop payment on check , u.p.s. , c.o.d.

[scottydog]

I live in Atlanta Georgia. I sold an electric hoist to Brian M Cohen in Saugus California. I used u.p.s. for shipping and the payment method was a c.o.d. in the amount of $673.89.
Brian accepted the hoist and gave u.p.s. his personal check for payment. Brian M Cohen placed a stop payment on the check and it was returned to my bank. I was also charged $5.00 fee for the returned check.
How can I get the money that is owed to me?
Will I have to spend more money on attorney than what is owed to me, or can I collect attorney fees also?
Thanks, Scott

 

[JETX]

Did your shipping instructions to UPS say "Cash or cashiers check only"? If so, you can file a claim with UPS since THEY are the ones who accepted the personal check.

If you allowed UPS to accept any payment, then you will have to handle this yourself.

What, if anything, does the buyer say to your emails or calls.

You have a variety of options:
1) Write the buyer a letter, Certified RRR. Detail the transaction, his 'payment', your shipping information, check stopped, etc. Demand that he advise when payment will be sent, give him 5 working days from receipt. Mention that if he refuses to resolve this, you will file Criminal "Theft by check" charges against him. If he doesn't respond, do it.
2) Contact the local Police (where delivered) and file a 'theft by check' criminal complaint.
3) Contact teh local Small Claims court (in CA) and see about filing an action against the buyer. This will probably entail some California action (attorney or personal appearance).

 

[scottydog]

Thanks Steve,
u.p.s. has a place to check for cashier's check/money order,but I didn't see it. So,it's all mine!
To make a long story short, the guy e-mailed me because of some paint on the hoist being rubbed, and no plug on the end of the electrical cord.
To defend my self, the pictures I sent him of the hoist clearly shows that it dosn't have a plug, and shows some scrapes. We also e-mailed each other several times before I shipped it to him telling him that it had never been used, but It had been in storage for several years and I had move several times putting it in a storage unit with each move.
When Brian received the hoist I was out of town for the week,so I was unable to retreive my e-mail.
He e-mailed me pictures of the box that I shipped it in, and complained that there was no plug and the paint was rubbed.
He e-mailed me 4 more times and with each e-mail he was getting more upset. When I returned home I e-mailed him telling him that the hoist dosn't come with a plug from the manufacture and that he knew of the scrapes.
A couple days later he sends me pictures of it destroyed and said, how could I sell him a broken hoist!
So, this loon has beat me out of a my hoist.
Tell me, with him accepting the the package c.o.d.,dosn't that clearly say that he has inspected the package and accepts the condition that it's in?