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Old 03-13-2013, 07:33 AM
 
Location: SC
2,967 posts, read 3,954,885 times
Reputation: 6809

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Someone from another state sent me a bad check through the mail for something that I sold them (under 50.00) They have skipped out and refuse to respond to me or pay me.

What recourse do I have as far as reporting them via their bank, postal service, etc???
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Old 03-13-2013, 07:41 AM
 
355 posts, read 697,854 times
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Try calling their local police department, maybe they can do a report or something.
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Old 03-13-2013, 07:52 AM
 
Location: The Triad (NC)
26,842 posts, read 57,851,863 times
Reputation: 29235
Quote:
Originally Posted by Bmachina View Post
Someone from another state sent me a bad check through the mail ...(under 50.00)
What recourse do I have...
You have the same recourse as if they lived across the street...
but you have a whole lot more bother effecting it.
Link: Bad Check Laws by States-Civil & Criminal Penalties

Considering the amount vs PITA factor... it's probably best to write it off.
In the future use paypal.
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Old 03-13-2013, 08:07 AM
 
Location: SC
2,967 posts, read 3,954,885 times
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Can i report it to their bank? I have a feeling this is an ongoing issue with this person and it needs to be on some record.
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Old 03-13-2013, 09:47 AM
 
355 posts, read 697,854 times
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The bank already knows. Their bank returned it to your bank and the account holder will have gotten hit with an NSF fee.
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Old 03-14-2013, 12:55 AM
 
1,092 posts, read 2,762,526 times
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The bank will eventually close their account and report them to Chexsystems which will make it difficult for them to open another checking account for many years if it makes you feel any better.

Paypal might be expensive, but it's worthwhile. If you accept personal checks don't ship until you're sure it's cleared your bank next time. You can also call their bank to verify sufficient funds before depositing next time.
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Old 03-14-2013, 07:57 AM
 
Location: Victoria TX
42,668 posts, read 71,538,289 times
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I found this to be very interesting:

Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.


Problem: Who has the burden of proof that a check was actually post-dated? There is a date on a check, but no evidence to show the date the check was written.

When writing a check, simply write the word "post-dated" somewhere on the check, which will protect you from prosecution if for any reason the check is deemed fraudulent.

Last edited by jtur88; 03-14-2013 at 08:07 AM..
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Old 03-20-2013, 07:17 PM
Status: "My eyes are rolled back so far I can see my brain." (set 10 days ago)
 
Location: Here.
13,367 posts, read 11,875,084 times
Reputation: 15706
Quote:
Originally Posted by jtur88 View Post
I found this to be very interesting:

Section 3-104(2)(b) of the UCC, defines a check as "a draft drawn on a bank and payable on demand." A postdated check, since it is not payable on demand, does not satisfy this demand. Consequently, it has generally been held by most states that the giving of a post-dated check does not constitute a present fraud nor is it within the scope of the bad check laws.

Problem: Who has the burden of proof that a check was actually post-dated? There is a date on a check, but no evidence to show the date the check was written.

When writing a check, simply write the word "post-dated" somewhere on the check, which will protect you from prosecution if for any reason the check is deemed fraudulent.
I don't follow you on this. If a person cashes a check that you wrote before the date that you wrote on the check, you would not be liable. But if you post-date a check and the person you wrote the check to cashes it on or after that date, you better have funds (even if you write "post-dated" on it).

-----

But back to the topic: next time require a Cashier's Check or Certified Check.
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Old 03-20-2013, 08:00 PM
 
48,519 posts, read 81,013,914 times
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Yep even if you filed and got a warrant on such a misdeamnor case in state they are not going to extradict. Doubt federal authorities will take the case on such a minor amount thru mail.
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Old 03-22-2013, 12:20 PM
 
Location: OC, CA
9,862 posts, read 13,189,716 times
Reputation: 8730
If it were me, I would find a forum or board, rip off report and slam them like the deserve to prevent others from being screwed. They may not want the publicity and offer to pay to take down complaint.

This could be a big sub forum on CD, losers you never want to do business with.............
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