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When we closed on the house we sold in NH, we agreed to sell a couple of good household items to a neighborhood family, and the lady gave us a check for $125 as agreed.
The check bounced, and repeated efforts to contact these people by phone and email have not brought success in even discussing the matter with them.
She made one phone call to our cell phone, and talked so long that voicemail cut off, so we don't even know what she was trying to say. I called her and left a message to that effect, and asked her to contact us. I have just sent another, last, email saying in effect that she really does need to respond to us and let us know how she's planning to make good on this check, and to let us know if they're experiencing any problems, as we'd be willing to work with them. They are well off (I believe they both work, kids are grown); they live in an upscale neighborhood and are members of the HOA, former board members in fact. I just don't know if they may be experiencing personal difficulties of some sort.
My question, since this is the first time I've ever had a check bounce on us, is regarding next steps. If they refuse to talk to us to work this out, do we send a certified letter with return receipt requested? They could refuse to pick it up, if they see where it's coming form, so that would really not do us much good.
I don't really think they meant to stiff us, but it's a month later now and they're not responding to our efforts to contact them. I have called her once at work, and twice at home. The rest of my communication has been via email. I don't want to hassle them, in case they are dealing with other issues at home such as health, or a death in the family or whatever stuff life throws at all of us from time to time.
Do I refer the matter to the local police? What does one do about a bad check, according to NH law? Do we place a lien on their house, and charge interest? We are out of state now, so it's a bit harder to handle long distance.
Any advice on procedures, next steps, etc. would be much appreciated.
can you try to re-cash the check if you still have it? I don't know how it works on personal sales. We've had the same thing happen to us for a small amount and we just let it go. It wasn't worth the time, effort and frustration of fighting for it. But i'd check with the bank and see how many times you can try to cash the check and maybe one day, you'll get to the bank the same day of her payday.
southward bound, i commend you for realizing that life does sometimes throw you a curve ball and that these people may be dealing with one now. I think that you have been more than patient and if they truely had some crisis they should have just come out with it! I would try as danielle said and cash the check again. I have had to deal with this once in the past and I just walked into the bank that the check writer used and asked if the funds were available to cash the check. I had to go back 3 times, but they were finally in the account so I turned the check over and was done with it. Some banks only allow you to process a check twice so be sure to check before you just hand it over...the reason that I checked on availability. Hopefully their bank has an office local to you. Good luck!
Update...
Two weeks ago she wrote me an email to say that it was a new account and she didn't have sufficient money in it when her check went in, and that she would send us a certified check within the week. Nothing has come. I sent her email yesterday, and got back a 'read receipt' that she reveived and read the mail. I told her I would try to redeposit the check and assumed since I hadn't heard from her that that would be OK.
However, I called her bank today and found out that there is not enough money in the account to cover $125. The copy of the check that my bank sent me is stamped on the bottom "do not redeposit". (They live in a neighborhood of $300K + homes, so it's not like they're destitute - though I realize that people everywhere can have temporary cash flow problems, or ups and downs with unexpected expenses. All she has to do is tell me that, though.)
I really hate to go to the police department with this issue, as it's hard for me to believe that she wouldn't intend to make good on the check, but her lack of responsiveness leads me to think otherwise. According to her, she bought these two items for a friend of hers who has yet to pay her for them. That really doesn't absolve her of the responsibility for writing a bad check, though. I've placed a call to her at work and left a message, as a last attempt. (She had previously given me the number as a good place to contact her on other matters -- remember, she's an old neighbor of mine, though we didn't really know each other, but she was on the board of the HOA, and active in the neighborhood, etc.) She wrote the check on 10/24, and it's now 6 weeks later. Do you think I'm being unreasonable to expect that this would have been taken care of by now?
Do I file a police report? I really hate to do that. Besides, it's Christmas, the season of peace and good will toward all. I could just say, Merry Christmas and forget it...
It's not so much the money, it's really the principle - and, if I was going to be $125 poorer, I'd much rather see it go to charity than into her pocket.
Maybe I'll put a lien on her house for that amount, plus interest. I feel a grinch coming on. Not a good feeling. But, when I think of how many tree angels could be taken care of with that amount, it makes me sad.
Any paralegals out there who can give me some guidance? Maybe I can go to small claims court? I'm not local anymore, so doing things long distance is a bit more difficult.
Last edited by swbtoo; 12-10-2007 at 02:30 PM..
Reason: add a line
Well you could always give her a deadline date to pay up and make sure the check clears before that date or your going to take matters to the police. She might not want them to get involved and make good on you in a hurry.
"Do I refer the matter to the local police? What does one do about a bad check, according to NH law?"
take her to small claims court - she is breaking the law - and under NH law you are entitled to 3X the amount of the original bounced check.
her paycheck, if she has one, will be docked until the check is paid in full - if it is not her first time bouncing checks - she may do jail time.
I say send her an email indicating the above but give her a deadline date to get it done. She's had long enough to make good on it and she shouldn't use the holidays as an excuse of not having any money.
Personally I think she is jerking you around. You have been tryinng to collect on this check since Oct. Who cares about her excuses, it is her buying more time to not pay you. If you want to be nice to her one more time, then send her the email, I personally think you have been very nice to her too long. And I speak from experience, but in our case it was a 5000 check we had to collect. We ended up sueing the people involved. We heard every excuse as to why we had to wait for them to make good on their check. It was ridiculous.
Personally I think she is jerking you around. You have been tryinng to collect on this check since Oct. Who cares about her excuses, it is her buying more time to not pay you. If you want to be nice to her one more time, then send her the email, I personally think you have been very nice to her too long. And I speak from experience, but in our case it was a 5000 check we had to collect. We ended up sueing the people involved. We heard every excuse as to why we had to wait for them to make good on their check. It was ridiculous.
What a beautiful picture! Thanks for the lifting the spirits so early in the a.m.! (and for the advice!)
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Thanks for the lifting the spirits so early in the a.m.! 
