Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   Customer give"s check but stops payment (https://www.askmehelpdesk.com/showthread.php?t=437835)

  • Jan 22, 2010, 08:15 AM
    roach09
    Customer give"s check but stops payment
    My Father has a Garage and has been in business for 16 years. Customer called and asked if he could cut her a brake on the bill, my Father told her that this is not a back yard, it's a business! Don't think she really liked that answer too much but what is, is. She came to pick up her car and the hole long time she took to write the check for $106.00 she was bad mouthing my Father I didn't say a word. She get the keys to her car and down the road she goes. It was about 3 to 5 min. and she called my Father at home and told he she stopped payment on the check.:mad: So I called the bank that's on the check and no luck there and it was 5:00pm so there was not much to do but go home. I called the Sheriff office and they told me that there was 3 things we could do.
    1. Deposit the check and see what happens.
    2. Take her to small clames court.
    3. Criminally charge her.
    1. If I was to deposit the check I risk bank charges. That mean I'm out more money.
    2. If I was to take it to court, there are fee"s to do so. Wich I hear that this county Judge does not make that stick, time off work.
    3. Umm, my Father can't read or write to be able to write a statement to tell his side of the story. Only myself and one other worker would be able to do so. ANY IDEAS?? :confused:
  • Jan 22, 2010, 08:18 AM
    roach09

    I know now I should have taken a check from her but she has been there before and there was no problem. It's a small town.
  • Jan 22, 2010, 08:46 AM
    this8384
    Quote:

    Originally Posted by roach09 View Post
    My Father has a Garage and has been in business for 16 years. Customer called and asked if he could cut her a brake on the bill, my Father told her that this is not a back yard, its a business! Dont think she really liked that answer to much but what is, is. She came to pick up her car and the hole long time she took to write the check for $106.00 she was bad mouthing my Father i didnt say a word. She get the keys to her car and down the road she goes. It was about 3 to 5 min. and she called my Father at home and told he she stoped payment on the check.:mad: So i called the bank thats on the check and no luck there and it was 5:00pm so there was not much to do but go home. I called the Sheriff office and they told me that there was 3 things we could do.
    1. Deposit the check and see what happens.
    2. Take her to small clames court.
    3. Criminally charge her.
    1. If i was to deposit the check i risk bank charges. That mean im out more money.
    2. If i was to take it to court, there are fee"s to do so. Wich i hear that this county Judge does not make that stick, time off work.
    3. Umm, my Father can't read or write to be able to write a statment to tell his side of the story. Only myself and one other worker would be able to do so. ANY IDEAS??????:confused:

    I assume by what you've written that you haven't actually deposited the check yet, so you have no idea if the payment was actually stopped or not.

    You cannot criminally charge someone; only the police can do that. Certain cities do have ordinances against writing bad checks.

    You need to deposit the check. If it bounces, then file in small claims and sue her for the amount of the check, the returned check fee, and the filing fees. I don't know what "Wich i hear that this county Judge does not make that stick, time off work" means. I'm guessing it means that the judge in your county doesn't award filing fees to the plaintiff..

    And yes, your father can tell his side of the story. He can either appear in court, or he can have someone else type it for him, print it out and he can sign it in front of a notary verifying that it is his statement.

  • All times are GMT -7. The time now is 07:10 PM.