Re: Bad Check Advice… - Posted by Mr Donald
Posted by Mr Donald on November 10, 1998 at 11:05:31:
Depending on the amount, and your jurisdiction, a bad check is usually treated as a FELONY offence.
You may have grounds for a criminal prosecution, if your local prosecutor agrees.
As for collecting, if you know when the deadbeat is normally paid, and roughly how much, rush over to the bank and certify or cash that check immediately.
If the teller tells you there isn’t enough, play the deposit game with the teller until there is. Usually they’ll smile when you’ve hit the spot, so to speak, as it’s not illegal to deposit funds into anyone’s account - it’s the withdrawal that is rightly restricted to the account holder or a negotiable instrument drawn up by same or on the account of same.
Which reminds me of a juicy, delicious way you can make your deadbeat suffer return check fees continually, until they make good on their debt to you.
Simply get one of those “check-writing” programs, that also allow to create bank drafts. Since you have the signature on file, and the permission to tender a negotiable instrument to collect your debt (because you have an NSF check), just write up a draft (or series of drafts) totalling the amount you’re owed.
Submit them judiciously, and wait for the result. If you collect your debt, then it should more than pay for the software. If not, the deadbeat will suffer NSF charges on his account until the matter is cleared up - presuming that you submit a draft EVERY DAY until the deadbeat gets the idea that you intend to get your money.
Sounds far fetched? You may think so - but I couldn’t possibly comment further