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nelbuts
04-08-2005, 08:11 PM
Well here is the story. Signed a brand new condo. I mean brand new, just finished. Gave the property manager the bill for $1300.00 a couple of weeks ago and another bill for $700.00. Today I check my mail and low and behold the $1300.00 check was returned as the checking account has been closed.

Now I have dealt with this property manager for 15 years and am sure it has something to do with the company that owns the condos. However, took a big hit out of the old bank account while I am building a new spray rig.

So I left a message on her office machine as it was after five and called her house but she was not home so left message there. I have a contract with this company for one year and a clause that can get me 50% of what is remaining in the event of such a thing.

So I will call my attorney on Monday to start a suit if it is not corrected by Monday afternoon. So what do you think. Nail them?

I know Bobby you want to go and take their first child hostage!

But I think all my bases are covered just would rather be doing the work than being in court.

promower
04-08-2005, 08:40 PM
Talk to the her first this could have been an honest mistake, like they opened a new checking account and wrote a check off the closed one on accident. I've done it before. I wouldnt jump to filing suit this quick, but if it turns out that way at least youll have the bounced check to prove they did owe you this money.

walker-talker
04-08-2005, 08:50 PM
You can always call the bank to check and see if the check will clear the next time you try and cash it. Hang on to that check because you have a solid civil case and will be very easy to collect if they try to get out of it.

GrassBustersLawn
04-08-2005, 08:51 PM
Since you have a long-standing relationship with this manager, I'd talk it over with her first before getting any actions going.

Mike

Eddie B
04-08-2005, 08:52 PM
You can always call the bank to check and see if the check will clear the next time you try and cash it. Hang on to that check because you have a solid civil case and will be very easy to collect if they try to get out of it.

Check won't clear on a closed account.

nelbuts
04-08-2005, 09:08 PM
What I think has happened is that the property manager was canned and it is with a new property management company. I believe at that time the account that my check was written on was closed and a new one opened with new management firm. That is why I am checking with here. I am not blaming her and honestly think she may not know anything about this. When I said fixed by Monday I meant before I go after the actual development corporation. Not the property manager. LOL I get about $60K or more a year from her company.

walker-talker
04-08-2005, 09:13 PM
Check won't clear on a closed account.
Woops, missed that part. I would definitely try to rectify the problem before going to the attorney.

DennisF
04-08-2005, 09:18 PM
Writing a check on a closed account is a federal crime. Make sure you talk with her before pursuing it with the management company. She may not know that the account has been closed. If she did know...shame on her.

Either way...here in Florida we can lean a property for non-payment of services under contract. For $1300 you have a legitimate lean case.

pjslawncare/landscap
04-08-2005, 09:49 PM
Since you have a long-standing relationship with this manager, I'd talk it over with her first before getting any actions going.

Mike
Ditto! ....

CamLand
04-08-2005, 10:01 PM
Since you have a long-standing relationship with this manager, I'd talk it over with her first before getting any actions going.

Mike

I have to agree,take the easy steps first and then serious action...

coastallandscapesolutions
04-08-2005, 10:08 PM
One other step you can check on and that is call the bank to see if on the day the check was written the account was already closed. If it was then the manager should have known.

pagefault
04-09-2005, 11:00 AM
I would talk to her and make every effort to resolve it outside the court system, but if she did not make it right I would talk to the district or county attorney. Around here, they will file charges for issuing a bad check or theft by check, depending on their mood. Either way, they will arrest the person and make them pay the business before they can be released.

Getting a civil judgment is easy, collecting it is a pain in the ass. People find the money to pay for their bad checks fast when they are stuck in jail.

You might talk to the district and county attorneys anyway, to see how they handle this stuff. I'm in a college town and the police round up the bad check writers twice a year.