My first account writes me a bad check??

[Liendeni]

I have 10 accounts now but my very first account just wrote me a bad check for $500....not to mention she still owes me another $1469.00. All in all she owes me just under 2K. Any advice? I called her once but don't honestly expect her to call me back.

It is somewhat my own fault because the first day I was there...the neighbor across the street came out to check her mail and said to me, "Make sue you get cash in hand before you leave....she is notorious for not paying people."

But like an idiot....I thought maybe it was just bad blood between neighbors.

What is really bad is that the lady and her husband probably live in a close to million dollar house with two BMW's in the driveway and a new truck.

Should I just go down to the court house and file a claim. Its actually illegal to bounce someone a check. I have another check from her that I haven't cashed yet that I know is not going to clear for $569.

Should I just cash that one as well to show that she bounced me not one, but two checks, before I go to court?

Any advice? I am pretty bummed.

[Liendeni]

Forgot to mention...plus I had her sign a contract for all the work to be done. I don't see how I could really lose in court? Do you?

[lawnwizards]

if she owes 2k, why is she giving you a check for 500?

[Liendeni]

She wrote me a check for $500 and another one for $569...and at the same time I presented her a bill for $785.00, for which she has not given me a check for at this time.. I went about it the wrong way and didn't demand the money on the spot...ya, I know stupid, so as I was doing more work....her bill was increasing before I had even cashed the first check.

I need to find that line between coming off as "give me my money now" and being way to nice. I thought the contract would do that but obviously not.

[huskres]

put a lien on the house!

[lawnman_scott]

Dont thake her to small claims court. Bad checks are as good as gold. Just contact her and tell her you will file criminal charges unless you receive a money order for the total amount due + a minimal charge for the returned check.

Whatever you do, dont let that check out of your hand till you have cash, and in the future listen when people give you info to use.

[cuttin-up]

This is exactly why for new customers and one time services you go to the bank where the check is drawn on, cash it and deposit cold hard cash into your account no matter how inconvenient it is.

[IA_James]

Dont thake her to small claims court. Bad checks are as good as gold. Just contact her and tell her you will file criminal charges unless you receive a money order for the total amount due + a minimal charge for the returned check.

Whatever you do, dont let that check out of your hand till you have cash, and in the future listen when people give you info to use.

Good advice here. Get the cops involved, and her tune will change most ricky tick.

[cgaengineer]

put a lien on the house!

This will get her to pay for sure. No refi, no selling of the house, no equity line without lien being taken care of.

[Liendeni]

She actually called me back....crying...on the phone...if you can believe that? My wife thinks I am a sucker because I want to give her a chance. I guess I am too soft on people....or maybe just stupid.

Problem is with the default check is it is returned to her bank...and her. All I get is a copy of the "return check" notification? Question....should I cash the second check so she has two bounced "criminal" checks versus one?

Where should I go from here? Court? Police? Call her? Any suggestions? Not trying to sound stupid or immature but just looking for some good advice. Appreciate any that can be given. Thanks guys! I just want my 2K.

[IA_James]

Tell her you want a Postal Money order. Keep the returned check notification, that's your evidence for the cops.

[lawnman_scott]

She actually called me back....crying...on the phone...if you can believe that? My wife thinks I am a sucker because I want to give her a chance. I guess I am too soft on people....or maybe just stupid.

Problem is with the default check is it is returned to her bank...and her. All I get is a copy of the "return check" notification? Question....should I cash the second check so she has two bounced "criminal" checks versus one?

Where should I go from here? Court? Police? Call her? Any suggestions? Not trying to sound stupid or immature but just looking for some good advice. Appreciate any that can be given. Thanks guys! I just want my 2K.Why would the check be returned to her and not you? I ahve never heard of anything like that. I would hold on to the check maybe for a bit, but then she can stop payment on it. But you do have a contract and a bad check, so you will still win if you have to go to court.

[Furness & Sons L&L]

file a lien and wait for them to sell the house you will be paid in less than 24 hours. I have done it 20 or so times in the 10 years of operation and only one (which was a forclosure) did not have to pay. lawyers,judges, dentist, brokers, so called profesionals. They all write bad checks then claim the service was less than satisfactory. They can argue the lien but i have never had one do so. They know they owe it and nothing will go thru unless all liens are removed. dont lose any sleep over it, its the new american way. sad but true, very true.

[Liendeni]

A lien on your residential property? You know...I have never actually heard of that but I did do a back ground check on her through the onlin public records office and it looks as though others have done this to her in the past - one was a company that obviously installed a home theater system in her house. Second was....you guessed it....a lawn company. Thanks for the advice guys. Greatly appreciate it.

[escient]

Banks can re-run checks through even without the check. They have copies of everything they run through their systems and can run it with that.

As for what you do, it's simple and complicated (both) depending on how you want to go about it.

I had the SAME issue as you in Jax. I checked his bank almost daily. If the funds were in his account, I would have the bank run it through again.

Of course, he'd always withdraw it before the check cleared his account.

Then he wised up and closed the account.

Off to the prosecutor's office. I called him and told him I would file criminal charges against him in 48 hours if I didn't have the money.

He'd call and give me some BS that he didn't have it all. So he'd pay me a couple hundred here and there. But it was never simple. I had to drive 25 minutes to house everyday when he wouldn't return my phone calls or pay when he said he would. After about 3 months of back and forth, little payments here and there, he finally paid up the whole amount... However, after all the time and money spent in trying to collect it, I probably spent another $300 in gas just collecting, not to mention my time. And he refused to pay late fees or collection costs.

So I took his check to the prosecutor's office anyway, once he paid the principal balance in full. When he was notified about his bad check by the prosecutor's office, he called me just a cussin'.

I told him $500 in the form of cash one time would solve the problem. In exchenge for the cash, I'd give him the check back.

I was paid for my time and trouble right then and there...


Now I don't even mess with it. I take people to the cleaners who don't pay.

For bad checks - straight to the prosecutor within 24 hours if I don't get paid that day.

For past dues - we go through a lawyer - they charge us 30% of the amount collected, and bill the customer that 30% plus $200 extra for us for the 'inconvenience'. It's added in the form of attorney's fees and collection costs.

For people who still don't pay (and it's very rare) - We file liens against the home, and if it's a renter, we look up the homewoner and call them to let them know we're filing a lien. It never gets to that point though - the homeowner always pays and just charges the renter the money the following month on their rent.


It's sad to say, but when you deal with a lot of different people, it's the nature of the beast. You don't know who you can trust, but when you spend money to do a service, you MUST get paid.

[ALC-GregH]

escient, very good advice.

[JohnnyRoyale]

Ask for certified funds for the total due and if not possible lien the bit**.

[HOOLIE]

A lien is a joke....this guy is just starting his business it seems, he doesn't want to wait 5, 10, 15+ years for his 2 grand. He wants his money NOW.

First, call the bank and verify if funds are available to cash the second check. I would also call the police and see exactly what the law is concerning bad checks. I'd bet the second check is no good too. I guess if you cashed it and it was no good also, that would be more ammunition.

ALL THE MORE REASON I only accept credit cards now. Let Visa and Mastercard duke it out with the deadbeats.

[Gardens55]

I would send her a letter stating that she needs to pay you within a reasonable time (state exactly how long, maybe 2 weeks) and that if not you will start proceedings against her. Include the law against bad cheques, quote it directly. It is better to do things this way rather than speak to her over the phone because it seems so much more official and you are less likely to let her off anything.

[JohnnyRoyale]

A lien is a joke....this guy is just starting his business it seems, he doesn't want to wait 5, 10, 15+ years for his 2 grand. He wants his money NOW.

First, call the bank and verify if funds are available to cash the second check. I would also call the police and see exactly what the law is concerning bad checks. I'd bet the second check is no good too. I guess if you cashed it and it was no good also, that would be more ammunition.

ALL THE MORE REASON I only accept credit cards now. Let Visa and Mastercard duke it out with the deadbeats.

You must have learned a valuable lesson or two to only accept credit cards now. A lien isnt a joke, and we all want are money NOW. But unfortunately it doesnt always work that way. I liened a job last fall, and believe me I wanted the money then, and need the money more now, but its the only legal recourse we had. I'm was owed alot more than his 2K, (total of 125K), and it seems things will finally get resolved next month. However, it cost me approx 15K in legal fees, which we're entitled to, and interest. Without a lien, we would have been SOL. Another vauable lesson learned for me...no more work for a General Contrctor, unless they either put the funds in a trust account prior to commencement, or pay me in full up front. LIENS ARE NOT A JOKE.

[MarcSmith]

In orlanod, the cops coudl care less about someone bouncing checks....not with ID theft being the crime of choice now. Leins do work....at the very least you can do one of three thing or all of three things...

1. file in small claims, get judgement...(then figure out how to get paid via wage garnishment, sheriff sale of property, ect)
2. Place lein, and wait, while you new savings account draws 18% interest. Just keep in mind that you are now in line behind all the other creditors, including the first mortgage. so you may not ever get money if they have home equity loans, other debtors...and end up foreclosing on the house.
3. notify the police and file a report about someone passing bad checks.

another option would be olddebt.com....I have never used them, but folks have raved about the success.

[Tider6972]

In Florida, including Orlando, the sherriff is the sure way of getting your money. They do not tolerate bad checks.

[MarcSmith]

In Florida, including Orlando, the sherriff is the sure way of getting your money. They do not tolerate bad checks. maybe now they do, but ten years ago not...remember its against the law to knowingly write a bad check. IE intent

most people don't write bad checks intentionally. The officers I spoke with in the financial crimes division said they just don't have the manpower to chase every tom/dick/harry who writes a bad check. Too many people do it. many are just simple math errors in the checkbook, or bank errors (had one client write me a check for 250 bucks and the bank coded it for 2500...OOPSIE)


I never once filed charges against anyone who wrote a bad check....I just did small claims and leins....worked every time....I had a few in which I never had to go to court. once the sheriff serves them with the court documents, I had my money in a matter of a few hours.

[BillyRgn]

tell her you will have her arrested, (which you can do) if she does not make restitution with in a reasonable amount of time, i would give her no more than 7 days, seeing she already bounced one, as far as the second one i would try to cash it, that way if you do have to have her arrested, it will be taken more seriously, and the charges will be more severe because it will be over 1 thousand dollars . if i was you, act now the longer you wait the less chance you have to get paid. also it sounds like she has done this before, so don't buy the crying that she is pulling, because after she gets off the phone she is probably laughing and saying what a sucker you are. and as far as the nice cars and house, she probably can afford them because she does not pay any other bills she has

[Tider6972]

maybe now they do, but ten years ago not...remember its against the law to knowingly write a bad check. IE intent

most people don't write bad checks intentionally. The officers I spoke with in the financial crimes division said they just don't have the manpower to chase every tom/dick/harry who writes a bad check. Too many people do it. many are just simple math errors in the checkbook, or bank errors (had one client write me a check for 250 bucks and the bank coded it for 2500...OOPSIE)


I never once filed charges against anyone who wrote a bad check....I just did small claims and leins....worked every time....I had a few in which I never had to go to court. once the sheriff serves them with the court documents, I had my money in a matter of a few hours.

I've operated businesses in Fl. since 1992; my statement stands. You get your money PDQ.

I have experience in Alabama and Texas as well as in Florida. Florida takes no BS on bad checks, they collect.

[bill8379]

First, call the bank and verify if funds are available to cash the second check.Isn't that illegal? I mean to give YOUR account info over the phone to a stranger.

[Liendeni]

Well, we will see what happens. She called me (not me calling her) and she stated some reason, which could very well be false, but the bottom line is she stated I could come over and get cash today. I then asked, "Is this for the full amount?" She said, she only had enough to cover the $500 check that she bounced and that she was hoping to give me the bulk of the balance at the end of this month.

I think I am going to attempt to get the cash today and go from there. Should I give her until the end of the month to see if she coughs up the rest? Don't want to wait around for mind games...but on the other hand....if she is going to pay me...it would make life alot easier than going down to the court house. Any thoughts?

And thanks for all the good advice.

It funny though, well not funny, but you know what I mean - I went down to the post office today and right there on the wall is a list of about maybe 200 people who have written bad checks to the USPS. I don't know about you...but the last person I would want to write a bad check to would be the government. Point being, not sure how serious they are down here about bad check writing if that many people feel the need to write the post office bad checks. So many that they only take credit cards or cash at that particular branch now.

[MarcSmith]

I've operated businesses in Fl. since 1992; my statement stands. You get your money PDQ.

I have experience in Alabama and Texas as well as in Florida. Florida takes no BS on bad checks, they collect.

well I guess the orange county sheriff I talked to in the financial crimes division wasn't too keen on doing any work when I called them...No biggie...quick lien, quick court, no problems...

[landscaperdan]

What is the problem here? You need to realize that this is YOUR business and your time as well as expenses. Get tough and give her a couple of days to pay up. Take her to the prosecutors office. One phone call from them is all it takes. If you only have 10 accounts, why do you want to wait for your money? The previous three pages all contain excellent acvice. She is playing you and you do not want to believe it. Any person who has been in business for any length of time will tell you to get your money up front, a deposit before any work commences. Then, the balance is due at completion. When they write you a bad check, go straight to the prosecutors. Unless, of course, you have the financial means to wait around....For most of us, this is not an option. Good luck.

[k911lowe]

i would cash her last check at her bank.that way you avoid charges and still have evidence.next time listen to your wife.women( i have found)tend to be more intuitive about people than we are.especially another women.

[topsites]

No!
No!

Stop and think :p

Here's what I might normally do:
Send her a nice and polite short letter just like the kind you got from the bank that tells her about the NSF check, make it as short as this and ask in this letter for prompt payment, money order or cash please.

That's it, but...:

I think I am going to attempt to get the cash today and go from there. Should I give her until the end of the month to see if she coughs up the rest? Don't want to wait around for mind games...but on the other hand....if she is going to pay me...it would make life alot easier than going down to the court house. Any thoughts?

Yes, that is fine as well.
Go get your money, and wait.

In the meantime I might recommend take it kinda slow providing more services, nice and easy does it.
Now it might take a little bit of a while but she'll pay, I'm pretty sure of it.

You might, when you get the 500, inquire politely or ask nicely as to when she thinks she might can take care of the balance.

[Liendeni]

Topsites,

Your advice is pretty much what I am doing. For one, I just got back from her house and she did indeed give me $500 in cash. Secondly, she is my largest customer so far if she does become a paying one, and I just don't have that many customers at this point to drop them for late payment, or bounced check. And lastly, I only have two more accounts in this area, the other being her mother who pays me on time with a clean check. If I lose her, I am pretty sure I will lose her mother as well, and then it means loading the truck up on Fridays for this one single last customer. I do seven lawns on Monday in one area and these three in another on Friday.

If she had not paid me today...than I would have taken everyone's advice and went to the police and/or prosecutors office. I appreciate all the advice. And I don't know about up there....but down here is is routine for service first....payment after. Its like that with everything. I have never been to a restaurant where I paid in advance and I have never hired someone to work on my home where they came to the door and said, "Money first."

Have you? Not being a smart *ss...being serious. Do most you ask for money before you do the work? I don't honestly know how I would feel about that as a customer if someone came to my house and had not done a lick of work but was already asking me for payment....payment when nothing had been done yet?

I'm billing out 30 days after services rendered or after one month of lawn care, although I rounded it to whatever that may be at the first of each month.

Do most you ask for payment in advance?

[ed2hess]

What is the problem here? You need to realize that this is YOUR business and your time as well as expenses. Get tough and give her a couple of days to pay up. Take her to the prosecutors office. One phone call from them is all it takes. If you only have 10 accounts, why do you want to wait for your money? The previous three pages all contain excellent acvice. She is playing you and you do not want to believe it. Any person who has been in business for any length of time will tell you to get your money up front, a deposit before any work commences. Then, the balance is due at completion. When they write you a bad check, go straight to the prosecutors. Unless, of course, you have the financial means to wait around....For most of us, this is not an option. Good luck.

What does "take her to the prosecutors office" mean?

[Liendeni]

I think he means go down to the county court house and ask to speak to the prosecutors office, come back at a time when they say he will be in, return, say, "I thought you said he would be here", come back again when they say he will be back, return, go home when they say he is busy, call from home, call again, call again, call again, get through, make an appointment, drive back down there on the given time, wait in the office, talk to one of his interns because he is to busy, give them your copies, wait for them to call you, keep waiting, keep waiting, keep waiting, lady finally gets note, she pays, they drop the case.

I think he means do that instead of see if they lady pays on her own, which she did.

But maybe he just meant, "Take her to the prosecutors office."