Recourse dealing with bad check? (rent, insurance, how much)
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What a beautiful picture! Thanks for the lifting the spirits so early in the a.m.! (and for the advice!)
Thanks southward, I really love this picture too. Since I cant be in NE for Christmas, I figured I would have a great picture of it to remind me of what I am going to have next year. The advice, your welcome!!
She called and left two rambling messages on my machine. I would like to have talked to her. I had written to say that I'd redeposit the check as it might be easier all around, and she never got back to me so I thought that was OK. However, to be on th safe side, I called her bank and they told me there wasn't enough to cover the check. She would have incurred more fees if I hadn't called first.
She now claims to have told me she'd send the money before Christmas, but in an email she said she'd send it within a week (which was Thanksgiving week). So, I just wrote to her and pointed that out, and told her if we didn't get a good check by the end of this week I'd be looking into other legal alternatives.
I have to separate my own feelings out of this. She's not being responsible in the way she's handling this, and I know I'm not doing her any favors by letting her string this out (or maybe ignore it altogether). I asked her to talk to me if she was having financial problems, but she hasn't done that.
I appreciate very much everyone's advice. Thank you!! reps for everybody.
[quote=southward bound;2231712] I asked her to talk to me if she was having financial problems, but she hasn't done that.
QUOTE]
She may now use that excuse of financial problems as not wanting to pay you back since you brought it up especially now that it's christmas time and she's probably spent her extra money on buying presents for everyone. I would stick with your deadline of 1 week or your going to other legal options. Don't feel bad. She's had 2 months now to work some kind of payment out with you even if it was just sending $10 now and then. She has made no effort to work out some kind of payment to you. Believe me, after working in the collections department myself, i've seen this happen over and over and she will string you out as long as she possibly can. At least in my job, i was able to send them to collections which would appear on their credit and they would pay up very fast but in this case you have to threaten legal matters to get it resolved. Good luck and keep us updated.
I asked her to talk to me if she was having financial problems, but she hasn't done that.
QUOTE]
She may now use that excuse of financial problems as not wanting to pay you back since you brought it up especially now that it's christmas time and she's probably spent her extra money on buying presents for everyone. I would stick with your deadline of 1 week or your going to other legal options. Don't feel bad. She's had 2 months now to work some kind of payment out with you even if it was just sending $10 now and then. She has made no effort to work out some kind of payment to you. Believe me, after working in the collections department myself, i've seen this happen over and over and she will string you out as long as she possibly can. At least in my job, i was able to send them to collections which would appear on their credit and they would pay up very fast but in this case you have to threaten legal matters to get it resolved. Good luck and keep us updated.
Yep. I do feel like she is stringing us along. She is now playing a 'victim' role, blaming us for depositing the check too soon (before she had time to put money into the account). She says she bought the items for someone else and hasn't gotten the money from them yet, and now is threatening to go after *me* for the bank overdraft charges (she claims $200) that she says she has incurred. That would go over really well with a judge, now wouldn't it. I'm sure judges have heard just about every excuse under the sun.
I told her all her excuses are moot - that the responsible thing is not to write checks on accounts in which you know you don't have funds. And, when you do, make it a priority to fix it. I know these things can happen to people -- that they overdraw unexpectedly, but she admits to knowing when she wrote the check that she didn't have the funds, and when she couldn't get the funds in time, she called us two days later to ask us to hold the check until she could. Well, we would have, except that it was too late. It was already deposited.
Thanks - I'm sticking with the deadline that I set. (Resolve ON).
Now THAT'S a good one, threatening to go after you for depositing the check she gave you. I'd love to see the judge's face on that one. By any chance, did you keep the voicemail that she left you, or any other communication? I would really try to keep all communications IN WRITING so that you have the paper trail.
You know, using her logic, I shouldn't have to keep money in my checking account for the Christmas shopping I'm going to do today, after all, the items are for someone else
Quote:
Originally Posted by southward bound
Yep. I do feel like she is stringing us along. She is now playing a 'victim' role, blaming us for depositing the check too soon (before she had time to put money into the account). She says she bought the items for someone else and hasn't gotten the money from them yet, and now is threatening to go after *me* for the bank overdraft charges (she claims $200) that she says she has incurred. That would go over really well with a judge, now wouldn't it. I'm sure judges have heard just about every excuse under the sun.
Thanks - I'm sticking with the deadline that I set. (Resolve ON).
Yep. I do feel like she is stringing us along. She is now playing a 'victim' role, blaming us for depositing the check too soon (before she had time to put money into the account). She says she bought the items for someone else and hasn't gotten the money from them yet, and now is threatening to go after *me* for the bank overdraft charges (she claims $200) that she says she has incurred. That would go over really well with a judge, now wouldn't it. I'm sure judges have heard just about every excuse under the sun.
I told her all her excuses are moot - that the responsible thing is not to write checks on accounts in which you know you don't have funds. And, when you do, make it a priority to fix it. I know these things can happen to people -- that they overdraw unexpectedly, but she admits to knowing when she wrote the check that she didn't have the funds, and when she couldn't get the funds in time, she called us two days later to ask us to hold the check until she could. Well, we would have, except that it was too late. It was already deposited.
Thanks - I'm sticking with the deadline that I set. (Resolve ON).
She can't be charged $200 for overdraft fees if you didn't get paid for the check you have. She must have written other checks that got paid on the same account and the overdraft fees are for those checks. Banks will sometimes pay on a check in good faith that it will be put back in by the account holder though still be charged an overdraft fee but i'm guessing that once the bank saw you trying to cash another one of her bounced checks, they didn't want to let her slide anymore and turned your check away.
I say we all get together and beat the crap out of her...oh did I say that outloud?? Lol. I am kidding. This lady has some nerve. I would have her give you a money order or cashiers check, I would never accept another check from her. And why would she write you a check that she knows you are going to cash now? I am sorry you are going through this. People!! They never cese to amaze me. I hope she does respond to your email and takes care of this on the date you gave her. If not, it will be time for legal action.
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Thanks for the lifting the spirits so early in the a.m.! 
