Cancelled payment
Oct 18, 2018 11:30:38 #
Oct 18, 2018 11:50:01 #
dennis2146 wrote:
With due respect, it is lien, not lean.
Dennis
Dennis
Thank you Dennis, I stand corrected.
Rich...
Oct 18, 2018 11:55:02 #
JFCoupe
Loc: Kent, Washington
You may or may not end up getting payment from the individual. However, you can change you payment plan for future workshops to protect yourself financially. In the workshops I have attended, payment(s) are due well in advance of the workshop. Additionally, there are scheduled refund notices. ie. at 120 days 75% refund, at 90 days prior to workshop 50% refund and after that no refund. Spell it out, and be firm about advance payment.
Good luck on collecting and best wishes for no future problems.
Good luck on collecting and best wishes for no future problems.
Oct 18, 2018 12:53:53 #
Rich2236 wrote:
Thank you Dennis, I stand corrected.
Rich...
Rich...
Thank YOU for not going off hog wild with anger. If it was me I would want to be told the proper way so as not to continue making the same mistake. Of course others are not so forgiving of a well meant correction.
Have a great day sir,
Dennis
Oct 18, 2018 12:56:39 #
Kalina54 wrote:
So here is my dilemma. Recently a client on my wor... (show quote)
BOHICA, you've been had. Lots of luck trying to get it back.
Oct 18, 2018 13:18:12 #
Kalina54 wrote:
So here is my dilemma. Recently a client on my wor... (show quote)
I am not a lawyer but it’s my understanding that voiding a check that you’ve written is a criminal not a civil crime. I’d contact your local DA.
Oct 18, 2018 13:25:30 #
drmike99 wrote:
I am not a lawyer but it’s my understanding that voiding a check that you’ve written is a criminal not a civil crime. I’d contact your local DA.
What is a "civil crime"? You would have to file a civil case to recover the funds. A criminal conviction would help that.
Oct 18, 2018 13:27:45 #
JohnSwanda wrote:
What is a "civil crime"? You would have to file a civil case to recover the funds. A criminal conviction would help that.
If it is civil it can't be a crime. Or, in the case of O.J. Simpson, he was found innocent of the murders but the family of the victim sued in Civil court and won.
Dennis
Oct 18, 2018 13:31:36 #
clint f.
Loc: Priest Lake Idaho, Spokane Wa
dennis2146 wrote:
. This could be a crime, determined by the state law if they recognize it as an unauthorized issuance or improper stop payment. If it a contractual dispute it is a civil issue, a and prosecutor will not handle the case nor will a police detective investigate it. If less than the jurisdictional limit in the proper forum (state) then small claims court.I believe your only recourse is to first, call the woman and/or send her a letter asking what is going on; she contracted with you for your services at a set price which she agreed upon by sending you the check. At least give her a chance to explain what happened. Following that, if she does not pay you, your best option is small claims court as you have stated. Good luck.
Dennis
Dennis
Oct 18, 2018 14:27:29 #
Sunnely
Loc: Wisconsin
EzraSmith wrote:
A couple of people said you should call of write to her.
I agree. Calling would be my preference and be pleasant. Doesn't cost you anything and might just work!
Good luck.
I agree. Calling would be my preference and be pleasant. Doesn't cost you anything and might just work!
Good luck.
I agree. I'll give her the benefit of the doubt but at the same time send her a certified letter with the invoice in it. It could be just a matter of misunderstanding, miscommunication, or an honest mistake. But, if you don't hear from her in a "reasonable" time, then take the appropriate legal step.
Take away: How do you prevent this situation from happening again? If you haven't, yet, I think you should consult with someone who is credentialed in helping small business operators set up contract, payment issues, and other related issues.
DISCLAIMER: I am not a lawyer. Just my own 2 cents.
Oct 18, 2018 15:34:48 #
Lots of speculation, and we still don't know if the OP contacted the woman before he posted here or not. It's just common sense to do that before contemplating legal action.
Oct 18, 2018 18:20:09 #
your the man, do it. When I was in business that is the way I did it. MY WAY. Its the priceable of it, not the money.
Oct 18, 2018 21:07:05 #
Kalina54 wrote:
So here is my dilemma. Recently a client on my wor... (show quote)
I don't know about your state, but here in Alabama, I can send the bad check artist a certified letter (get the form at your county District Attorney's office). Be sure to instruct the post office for a return receipt. With that in hand, wait ten days, then go back to the D.A.'s office and turn over the return receipt (a green card) and the original check. The D.A. will take it from there. She will be arrested (maybe on the job) and kept until she makes the check good. I used to do a little private investigator work specializing in bad checks. In this state, a penalty of $30.00 is also charged to the writer of the check. That was my commission for the job, and the merchant got the full amount of the check. It was a long time ago but I think the writer also had to refund my expense for postage and the certified mail charges. I hope this helps.
Oct 18, 2018 21:17:49 #
sirlensalot
Loc: Arizona
Most small claims courts can award judgments of up to $5K. Not sure if that includes court costs. Worth a try if she refuses to pay. A small claims judgement does not guaranty you will get paid. It does guaranty a legal claim to the monies owed you. It is possible you may have to go to court again. I am guessing this is a significant sum, so it really depends on how much time and effort you are willing to commit to the project. Journey on and good luck. I say it is worth the effort.
Oct 18, 2018 21:27:45 #
I will add this:
Sure, the D.A. is not in the business of collecting "bad debts", but writing a bad check and failing to make it good within 10 days after being notified by certified mail, is breaking the law, and this is considered different from a civil matter of one party owing money to another party. IT IS A CRIME, PUNISHABLE BY JAIL TIME. That's how we backward "hicks" in Alabama handle petty criminals who write bad checks. It does not matter whether she filed a "STOP PAYMENT" with her bank, or not. The law treats it the same in this state.
Sure, the D.A. is not in the business of collecting "bad debts", but writing a bad check and failing to make it good within 10 days after being notified by certified mail, is breaking the law, and this is considered different from a civil matter of one party owing money to another party. IT IS A CRIME, PUNISHABLE BY JAIL TIME. That's how we backward "hicks" in Alabama handle petty criminals who write bad checks. It does not matter whether she filed a "STOP PAYMENT" with her bank, or not. The law treats it the same in this state.
If you want to reply, then register here. Registration is free and your account is created instantly, so you can post right away.