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jspece

Bad Checks

jspece
16 years ago

This is applicable to any type of business...what, if any, options do I have when I receive a bad check from a customer?

Usually, I just have my bank check the balance of the customer's account and run the check through if the funds are there. I've been setting on a returned check (nearly $300!) for 2 weeks now and the customer's bank account still does not have sufficient funds.

I finally called the customer, but the person who answered said she was too busy to come to the phone. I called back at the specified time and no one answered.

I've had a hand full of returned checks over the years, but in my 10 years in business I've never had one that I wasn't able to resolve!!

Comments (11)

  • inkognito
    16 years ago

    Josh: a cheque is a promise to pay so you would have no problem at a small claims court but are you sure you mean three hundred dollars?

  • jspece
    Original Author
    16 years ago

    Yup, the check I'm having trouble with is written for nearly $300.

    Thank you!

  • progardener
    16 years ago

    I would try and give it a little more time and maybe send a certified letter if you keep getting the run around. If you don't get any response you can call the police. Eventually the people will be arrested on a warrant and made to make restitution. That should be a last resort.

    Laws vary within each state, check with your local authorities on the best way to proceed.

  • calliope
    16 years ago

    The longer a debt goes unpaid, the less chance you will ever have collecting on it. I've been very fortunate in seldom having to get aggressive with collections, but took the stance from day one, that was one thing I would play hard ball about.

    Attorneys are expensive, but the name of one at the bottom of a letter usually puts the fear of god into a deadbeat. It tells them you mean business. The one time a delinquent account got that far, not only did I get my money with interest, the person who owed it also ended up paying the legal fees.

    It's a very sad situation, but the small business owner is very often at the bottom of the totem pole when it comes time for some people to pay debts. I think they assume you don't have the resources to collect a larger company has. Don't bug this person, because you may find the law turns around and gets you for harassment. Deadbeats know all the fine print in those statues. Go through the channels and let somebody who is in the legal business do what they do best.

  • laag
    16 years ago

    Accepting credit cards is something to think about. Not only do you get paid right away, but it sometimes will be the thing that makes you more attractive than the next guy, it makes it much easier for people to buy more on impulse, and it gives an alternate method of collection when someone has nothing in the bank account.

    It won't help you with this customer, but it puts in place an alternative. If there is no money in the bank account, you are not the only person sitting on a bounced check. Your customer has lots of things that are going to be higher on the priority list for whatever cash they have coming in - phone, electricity, mortgage, CREDIT CARD, ...... and other things that can be cancelled. Your work is done. You can't take away the house, shut of the electricity, cut off internet dating service, or cut text messaging, so you are a low priority.

  • gonativegal
    16 years ago

    Dear Josh,

    I've got a deadbeat like that too - fortunately, only to the tune of 70 bucks that is more then 60 days past due - but it's still the principal that matters.

    As one last ditch attempt you could ask for a partial payment. I'm not saying beg - but something is better then nothing and they might willing to give some kind of payment 50, 100 bucks.

    But when and if you get all of your payment do not under any circumstances do any additional work for this person no matter how nice they are or apologetic. My old boss made that mistake and from that day forward it was like a cat and mouse game - the client seemed to set the payment terms not the other way around. Usually old habits die hard with some of these people and you don't need to get caught up with their financial problems.

    I wish you the best of luck and hope you get your money.

  • jspece
    Original Author
    16 years ago

    Thanks for the advice, everyone! Well see what happens...

  • jspece
    Original Author
    16 years ago

    Good news...the check finally cleared yesterday!

  • laag
    16 years ago

    Excellent!

  • watergal
    16 years ago

    Congrats!

  • shadyplaces
    16 years ago

    I had a client put a stop pay on a deposit check. $1500. He decided he didn't want to pay a deposit, he wanted to pay daily. I had already started the job when I found out.

    Fortunately the idiot hadn't read my contract well. I have a clause in it that states all materials used and installed on the property remain MY property and my responsibility until the job is completed and satisfactory final payment has been made.

    Most clients interpret that as if something dies or isn't up to standard, I have to replace it at my own expense. But it also means that if someone fails to pay, I go dig the plants back up. And I will start with the most expensive, or showiest.

    When I started removing plants, this guy decided to make good on his check. I also billed him for the additional time spent removing and replanting, since it was HIS fault I had to do so to collect on a legal and binding agreement.

    No, he will never call me again, but if he did, I wouldn't accept him as a client again.

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