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Old 05-17-2014, 09:10 AM
 
9,639 posts, read 6,042,919 times
Reputation: 8567

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How about everyone just lets this moronic thread die? 6 pages... come on now...
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Old 05-17-2014, 09:19 AM
 
Location: SW Florida
15,056 posts, read 12,258,335 times
Reputation: 25082
Quote:
Originally Posted by EricS39 View Post
Or no

Question is if a contract says to "pay someone monthly"

And you pay them...person cashes in the check ...that constitutes payment

Person was "paid"

Then after that if the check doesn't clear because the payer's account overdrafts, then that doesn't change the fact the payer still paid the payee, correct?


After that contractually the payee has no right to file claims that the amount owed wasn't paid, right? The payee can decide not to do further business with the other party, but amount owed was paid even if not actually received, correct me if I'm wrong
You're kidding, right? If that check bounced, all you've handed the person to whom you owe that debt a useless piece of paper......
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Old 05-17-2014, 09:26 AM
 
Location: USA
7,776 posts, read 12,477,738 times
Reputation: 11818
Reasoning that the debt has been paid is silly and childlike.
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Old 05-17-2014, 09:34 AM
 
27,255 posts, read 15,425,393 times
Reputation: 12123
Quote:
Originally Posted by EricS39 View Post
Or no

Question is if a contract says to "pay someone monthly"

And you pay them...person cashes in the check ...that constitutes payment

Person was "paid"

Then after that if the check doesn't clear because the payer's account overdrafts, then that doesn't change the fact the payer still paid the payee, correct?


After that contractually the payee has no right to file claims that the amount owed wasn't paid, right? The payee can decide not to do further business with the other party, but amount owed was paid even if not actually received, correct me if I'm wrong



AC heck is only an instrument of a "promise to pay".

A check bouncing is a breech of that promise, therefore no payment made.
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Old 05-17-2014, 10:15 AM
 
28,895 posts, read 54,277,092 times
Reputation: 46687
If you are knowingly remitting a check with the knowledge that the check is no good, it isn't just not a payment. It's considered fraud.
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Old 05-17-2014, 10:51 AM
 
Location: East Bay, San Francisco Bay Area
23,681 posts, read 24,243,083 times
Reputation: 24122
Is this a joke? Are you serious?
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Old 05-17-2014, 11:08 AM
 
31,387 posts, read 37,138,900 times
Reputation: 15038
Quote:
Originally Posted by LordSquidworth View Post
How about everyone just lets this moronic thread die? 6 pages... come on now...
That's what I was thinking.
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Old 05-17-2014, 12:00 PM
 
48,502 posts, read 97,051,418 times
Reputation: 18310
No; they in fact are guilty of the crime of writing a hot check.
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Old 05-17-2014, 12:46 PM
 
Location: USA
7,776 posts, read 12,477,738 times
Reputation: 11818
Quote:
Originally Posted by LordSquidworth View Post
How about everyone just lets this moronic thread die? 6 pages... come on now...
I show it's only 2 pages, which is still a lot. You may know the number of posts per page can be controlled by making the change in your own control panel. Find "edit option" and set it for your choice. Mine is set at 40 per page.
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Old 05-17-2014, 01:28 PM
 
Location: NH and lovin' it!
1,780 posts, read 3,938,879 times
Reputation: 1332
Quote:
Originally Posted by blueherons View Post
What you just described are what hundreds of thousands of people have gone to jail for otherwise known as, Writing Bad Checks.

Also known as Kiting Checks.

Still illegal.

Yes, it's writing bad checks.
No, that's not kiting. Kiting is a whole different animal.
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