Bad Check, what would you do?

Discussion in 'Off-topic' started by EJR914, Jan 8, 2018.

  1. EJR914

    EJR914 Cheezburger Operator

    44,289
    45
    48
    I was given a forwardly dated, admittedly bad check a week ago in South Carolina, myself and they have tried numerous different ways to make this check right, and at this point I just obviously can tell that they are lying to me and they don't have the money and they really don't have any plans of giving me the money, so my question is what should I do? I could deposit the check into my account let it bounce, and I believe that the amount is probably enough to make it a felony, so my question is should I do that?
     
  2. EJR914

    EJR914 Cheezburger Operator

    44,289
    45
    48
    Additional information is I was given the check on New Year's Eve, the check was dated for January 4th 2018, and the check is for a substantial amount of money. I actually drove 2 hours to where they were this morning to get the cash, and then they changed and said that they wouldn't be able to make it until 1 p.m., and I'm pretty much forced to return back to work.

    On the 4th they also tried to wire me the money into my account, and on Friday I found out that for some odd reason that service that they used was rejected by my bank.
     

  3. Savannah Dan

    Savannah Dan Cross-drawer

    6,029
    31
    48
    I have no advice, but wish you luck on collecting.
     
    EJR914 likes this.
  4. wee

    wee Member

    317
    5
    18
    Can you go to a local branch or the bank the bad check is drawn on and try to cash it....? If not and I was going to deposit into my account I would let my banker know upfront that it is probably bad.

    Good luck....
    Brian
     
    EJR914 likes this.
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

    24,059
    62
    48
    EJR, what type of totally voluntary contractual agreement did you make with this other party, and what provisions did it have for nonpayment and debt collection?

    Absent a voluntary agreement between free citizens that says you can take money or property from them when they do not wish to hand it over.. .

    The only other choice is to allow government goons, empowered by a brainwashed Statist population, to initiate aggression on your behalf, to enforce those bogus “laws” that you always say are illegitimate.
     
    WGTactical likes this.
  6. Dan

    Dan Active Member

    1,274
    1
    38
    I would deposit the check so there is proof that it was bad. I usually saw three reasons: NSF (non-sufficient funds), Closed Acct or Refer to maker. Refer to maker is the bank saying they are too lazy to put the real reason.

    After getting the returned check I would make attempts to contact the person who wrote the check. Notate date, time and numbers.

    Contact your local law enforcement. Here in Cobb, municipal police don't usually touch this and ask you to go to the Sheriff's Office. Where you received the check may be where you need to go as far as filing a report. I am not sure about this. Good luck with dealing with this.

    As I always said to victims: Fraud happens at lightning speed, the investigation/prosecution is snail slow.
     
    EJR914 likes this.
  7. a_springfield

    a_springfield Well-Known Member

    2,971
    38
    48
    I know a few pipe hittin' gentlemen with a pair of pliers blow torch.
     
    EJR914 and WGTactical like this.
  8. gunsmoker

    gunsmoker Lawyer and Gun Activist

    24,059
    62
    48
    So that I can be at least a little helpful here, please give more info about the circumstances.

    Particularly as to what brought you, a Ga resident (I assume?) to SC. What work did you perform to earn this money? Where did you do the work? What State? What is the residency of the other party?

    Did the other party tell you that the post dated check would not be good at the time it was given, but only that he hoped and wxpected it to be good in the near future?
     
    AtlPhilip likes this.
  9. a_springfield

    a_springfield Well-Known Member

    2,971
    38
    48
    If bank the check is drawn on is local to you try going their to cash it the beginning or middle of the month. Or a Friday. You know paydays e/o Friday or 1st/15th. The company I use to work for would charge card on file customers that were declined once like this.
     
    EJR914 likes this.
  10. 45_Fan

    45_Fan Active Member

    7,717
    11
    38
    I’d have a different answer depending on circumstances. Pay for labor? Goods? Services? Real estate? Settlement? Payment of debt? Some other promise?

    Similarly my relationship and responsibilities to the other party comes into play as does my overall effort and expense to get paid.

    All of the above would likely define venue and degree of effort I’d invest.
     
    EJR914 likes this.
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    62,833
    135
    63
    Yep, not enough info. If it is for an antecedent debt, then no criminal options are on the table whatsoever.

    I do find irony in this thread, when reality hits anarchist ideals with a slap across the face, but at the same time I truly hope you collect what is owed to you.
     
    EJR914, AtlPhilip and WGTactical like this.
  12. zetor

    zetor Active Member

    2,085
    10
    38
    SAVAGE:D
    Somebody had to do it.
    I do hope he gets his money back
     
  13. NTA

    NTA Active Member

    6,315
    18
    38
    My elderly demented father wrote a check for $1,000 once.
    It was altered, sloppily even, to be $100.000 and it cashed.
    Took a long time to get the money back, mainly through going after the bank.
     
    EJR914 likes this.
  14. Phil1979

    Phil1979 Member Georgia Carry

    9,545
    57
    48
    Tell them they have 24 hours to wire the money to your bank, or you'll go to the police. If the police won't help, then small claims court, unless the amount is too high for that.
     
    EJR914 and AtlPhilip like this.
  15. AtlPhilip

    AtlPhilip Proud GCO member.

    7,774
    56
    48
    Way to much "savage" and not enough rational discourse here.
     
  16. AtlPhilip

    AtlPhilip Proud GCO member.

    7,774
    56
    48
    Please elaborate. Looking at § 16-9-20, I don't see any exceptions based on the reason a bad check was tendered.

    Consider this: Who/what is preventing him from settling this dispute himself?

    The government loves to remove a person's ability to do for themselves, rush in to be the solution, and then tell everyone why they couldn't live without them. All for a fee of course...
     
  17. gunsmoker

    gunsmoker Lawyer and Gun Activist

    24,059
    62
    48
    AtlPhilip:

    The "Deposit Account Fraud" law says: "....in exchange for a present consideration or wages, ..."

    That's what Malum was talking about. If the payment was offered to settle a debt that had been incurred in the past, for a deal made at an earlier time, that's NOT "present consideration" today.

    The Georgia bad checks law applies when the deal IS at that time being made, and part of the deal is one party hands-over a check that is supposed to be good and valid payment at that time.

    In Georgia, a post-dated check, especially one with verbal instructions NOT to try to cash it or deposit it before that date on its face, is a payment that is not "present consideration" for the deal. (As a matter of contract law it is, because a promise to pay in the future is a form of consideration. Just a promise can bind a contract. But our courts say that for criminal law purposes it is NOT. This statute has been interpreted in light of the GA constitution's provision that we will not imprison people for debt, and thus a post dated check that is nothing more than a promise to pay on a certain future date can't support a felony bad check prosecution.


    *P.S. * When a deal or contract made in the past calls for a series of future payments, such as monthly payments for rent, THEN each of these payments is deemed present consideration because the debt was not DUE until this current time, even if the deal was struck a long time ago.
     
    Last edited: Jan 9, 2018
    AtlPhilip likes this.
  18. AtlPhilip

    AtlPhilip Proud GCO member.

    7,774
    56
    48
    Excellent explanation, thank you.

    So looking back at ERJ's situation. How does this differ when a deal is made for a "series" of future payments where the series size is one? For example:

    Situation A:
    You sell me a tractor. I write you a bad check for $12,000. This is criminal.

    Situation B:
    You sell me a tractor. I agree to pay 12 monthly payments of $1000. On #9 I write you a bad check. If I understand you correctly, this is criminal.

    Situation C:
    You sell me a tractor today. I agree to pay 1 payment of $12000 in June. In June I write you a bad check. Is this criminal?
     
  19. gunsmoker

    gunsmoker Lawyer and Gun Activist

    24,059
    62
    48
    Yes, I think it’s criminal in June 2018, because that’s when the payment was due, on-time.

    But giving a $12,000 check now, postdated, with instructions to cash it in June, would not be a criminal matter.
     
    AtlPhilip likes this.