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New Member
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Mar 9, 2010, 03:23 PM
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I issued a check to a vendor in error can I collect money
I am a contractor in California, in the beginning of December my A/P clerk handed me a stack of checks, I signed them all and they were mailed. Yesterday, my CPA while doing taxes asked about a vendor I haven't used in 2 months, they are a small 2 man corporation. I called the bank and found that the check was deposited. What can I do to get my money back?
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Expert
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Mar 9, 2010, 03:31 PM
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While being a good business man, one has to puruse all cheques that he signs. You learn that the hard way, don't be too hasty and question EVERYTHING.
Trace the transaction back and see what this vendor did or didn't do. Could be someone in your office (?? ) compromised your vendor list somehow. Don't know the facts, just commenting and suggesting.
You will probably have to get your money back by visiting them if there was no work done to warrant that payment.
Edit: if there is a better legal answer to the OPs question, then this is my own opinion after owning a couple of small businesses and sometimes being in the same position.
On the other hand, they could be guilty of the same hasty decision.
Again, check back, and if you can't get it back personally, I guess depending on the amount,you will have to get all your ducks in a row, either sue or small claims court.
Edit: if there is a better legal answer to the OPs question, then this is my own opinion after owning a couple of small businesses and sometimes being in the same position.
Tick
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Expert
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Mar 9, 2010, 04:32 PM
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Have you asked the vendor to refund the check?
If they don't pay, next time you purchase something from that vendor explain that you have a credit with them which should be applicable toward that purchase.
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Uber Member
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Mar 9, 2010, 04:35 PM
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Hello:
Like AK, I'd ask them first, and if they didn't give it to me, I'd sue 'em.
excon
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Expert
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Mar 9, 2010, 05:16 PM
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If you "over paid" or paid in mistake you first ask them for the return of the money, if not you sue them for the return of your "overpayment"
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New Member
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Mar 9, 2010, 06:03 PM
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Sounds as if I am stuck between a rock and a hard place. $10k was written. Any ideas
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New Member
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Mar 9, 2010, 06:07 PM
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So in a nutshell, read first before signing, I made the initial mistake. Also, should have been more on top of A/R and A/P I may have caught this oversight early on, and last small claims court is the only repurcusion, should I file a police report? Or just get a few friends drunk and see the vendor on their level.
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Expert
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Mar 9, 2010, 06:36 PM
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Originally Posted by urbanforest1
... should I file a police report?...
Huh? Why, do you suspect that someone committed some sort of a crime?
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Uber Member
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Mar 10, 2010, 08:37 AM
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Originally Posted by urbanforest1
So in a nutshell, read first before signing, should I file a police report? Or just get a few friends drunk and see the vendor on their level.
Hello again, u:
They committed no crime against you so the cops ain't going to help. Apparently, you already asked, and they refused. No, hiring a hit squad ain't going to go well for you.
For a stack of checks, none being for more than $200, you don't need to read 'em. But, for a stack of realllllllly big checks, I'd read every one.
Even though the check was for $10K, I'd sue in small claims court where the limit is probably $5K. If you hired an attorney, he'd charge you $5K, and it'll take years...
excon
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Expert
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Mar 10, 2010, 12:59 PM
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Originally Posted by excon
For a stack of checks, none being for more than $200, you don't need to read 'em. But, for a stack of realllllllly big checks, I'd read every one.
excon
Hi, ex, I have to disagree here because... stack of checks for no more then $200, and signing one at a time because someone is in a hurry doesn't exactly cut it, and the stack of cheques adds up to say.. a lot and you have employee scamming you well, not exactly smart. That can happen. Happened to a close friend. I know this scenario is different, but I would look at every one, and every attachment to the cheque before signing.
Tick
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