Cancelled payment
Oct 19, 2018 01:46:01 #
lehighjack
Loc: somewhere in FL
One suggestion, join the PPA. daily forums on contractual issues, etc. Also equipment coverage, forms for your business and workshops. Ned Levy from Philadelphia (No,he is not a Philadelphia Lawyer, but sounds like a competent one) is a frequent contributor in issues such as OP's. BTW, Where is Op in these five pages of commentary? OP could answer a number of questions raised by us Hedgehogs.
Oct 19, 2018 09:29:41 #
Jessies5thkid wrote:
I don't know about your state, but here in Alabama... (show quote)
As you live in a different state than from many areas where I have lived I can't dispute what you are saying. But I can say with certainty that putting the offending check writer in jail until the check is made good has been illegal for, oh, I don't know, maybe 200 years. Back then it was called debtors prison. Thank God the U.S. Constitution has provisions for an offender to post bail and then get out of jail pending a hearing or trial. Your method also fails to take into account the offender's side of the story. In come cases, perhaps it is the OP (not our real OP) who is lying through her teeth and actually no payment is due at all.
Please, with tongue firmly in my cheek, come into the modern ages. We don't burn people at the stake either these days. Maybe you hadn't heard.
Dennis
Oct 19, 2018 09:44:40 #
dennis2146 wrote:
As you live in a different state than from many ar... (show quote)
Not only that, but there is a movement now to reform the cash bail system, which sometimes puts people of limited means in jail for long periods pending trial.
Oct 19, 2018 10:13:32 #
JohnSwanda wrote:
Not only that, but there is a movement now to reform the cash bail system, which sometimes puts people of limited means in jail for long periods pending trial.
Freedom should not be means tested.
Oct 19, 2018 11:11:13 #
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.
Violations of civil laws are torts. Violations of criminal laws are crimes. Torts generally only carry monetary penalties or writs enforce. Crimes, misdemeanor or felony, also carry loss of freedom in many instances.
Oct 19, 2018 12:48:30 #
Other options for the future: Bank cards only. Also, you could offer a refund for unforseen events (up to a reasonable deadline). It is easier to refund money than collect from a deadbeat.
Be sure to let us know how it turns out.
Be sure to let us know how it turns out.
Oct 19, 2018 14:51:53 #
clint f.
Loc: Priest Lake Idaho, Spokane Wa
JohnSwanda wrote:
Not only that, but there is a movement now to reform the cash bail system, which sometimes puts people of limited means in jail for long periods pending trial.
Bail is set by several factors. Seriousness of the crime, prior criminal history, record of failures to appear, perceived willingness to appear in court after release. Unfortunately the folks that regularly commit crimes fail those “tests” and are consequently held on bail. Sadly those folks are often incapable of raising the 10% +\- that a bondsman requires because of their choice to be criminals.
Oct 24, 2018 23:52:07 #
I would only have been willing to hold it until she knew she was going on the trip--not until you returned--and even then be sure to deposit it in time for it to clear before your group left. Or, as others have suggested, cash the check and issue a refund if she couldn't go (in accord with your refund policy--perhaps refund a reducing percentage as the refund request got closer to the departure date). Her request to hold the check until after she had taken the trip was unreasonable, and should have been a red flag. I'll bet it will be a big red flag to you if this happens again!
Oct 25, 2018 00:14:37 #
She sang me a sorry song and I fell for it. She knew all along that she intended on screwing me. I am going to talk with my local prosecutor. I am thankful for all of the advise. I have a copy of the cancelled check and all of the necessay paperwork.
Oct 25, 2018 06:44:47 #
lehighjack
Loc: somewhere in FL
I wish you well. If nothing else, the notoriety of a criminal charge for theft of services (If you paid a hotel for her room, depending on your state, the criminal charge may even be to a higher degree, misdemeanor or felony )may force her to make restitution. If the funds were not in her account when she wrote the check, even worse for her. Keep us informed please. I also suggest thast you look into becoming a member of PPA. PPA has forms and templates that will save you time , money and agita.
Oct 25, 2018 08:46:52 #
Kalina54 wrote:
She sang me a sorry song and I fell for it. She knew all along that she intended on screwing me. I am going to talk with my local prosecutor. I am thankful for all of the advise. I have a copy of the cancelled check and all of the necessay paperwork.
So what exactly did she say when you reached out to her after the check bounced? I went back over the thread and did not see that anywhere. I apologize if I missed it.
They are likely to ask you about that in small claims court.
Oct 25, 2018 11:49:55 #
WhenI returned home she told me that she had cancelled the payment. She said that she wanted full disclosure of all of the costs of the trip and she wanted my credit card statements. There is no way that I am giving this con any of my credit card statements. I have all of the necessary charges to show a judge but I am not divulging any personal information to this lady nor should I have to. It was a trip that she volunteered for. I paid all of the hotels and vehicle and expenses. The othe four people paid me with no problems. I am a memeber of PPA,
Oct 25, 2018 12:02:01 #
lehighjack
Loc: somewhere in FL
Send a demand certified return receipt to her, saying when ahd what she told you about canceling payment. Add a line that waht you have r\written is true and to be fact, unless answered in writing within five (5) business days of the letter's date. Keep copy and go to prosecutor. Good luck, i am sure she will pay, go criminal onher. Do not say that if she will not pay you will go to prosecute. Say that you will take ANY and ALL avenues open to you to recover what is owed. Tell her that she should pay within ten days, the full amount plus the charge from your bank for a check not honored. Not to do so will be at her peril. Good Luck.
Oct 25, 2018 12:20:17 #
Thank you for the information. I have one last trip of the year next week for two weeks and then I am home long enough to follow through with this matter. I appreciate all of your insight. It has been very helpful. I will let you know how it goes.
Oct 25, 2018 12:21:41 #
Kalina54 wrote:
WhenI returned home she told me that she had cance... (show quote)
OK. This lady does in fact sound like an actual con. And a bit of a looneytoon. Document everything and nail the *&!@#.
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