Part III...and this is the last I will post but if you want to read more here is the site http://www.attorneygeneral.org/gencheck.html I know this is lengthy and maybe I should have given the site to begin with but I have read on so many forums misinformation about bounced checks that I thought posting it publicly would be educational...and creditnetters are an educated group. The site goes on about prosecuting perp...so a good read for the legalbeagles and small business owners...clc ==================================== CLOSED ACCOUNT CHECKS The statute provides that there is no need to send notice to the checkwriter when the check is dishonored for the account being closed or non-existent. This supposes, apparently, that writing a check on a closed account cannot be an honest error, as can happen with insufficient funds checks, so there is no point in offering an opportunity to fix a mistake. The statute in fact may not be in touch with contemporary realities. It is fairly common nowadays if there are certain problems with a bank account for a bank to close down the account without prior consultation with the customer and then mail him a notice. The customer goes on writing checks on the account, innocently unaware of the problem. Checks bounce, merchants, relying on the statute, file charges with the court without bothering to send notice, and the customer may well be found not guilty by showing he was unaware of problems with his account when he wrote the check. This problem can be avoided by sending a notice letter in closed account cases just like in insufficient fund cases. But insofar as this involves not inconsiderable trouble and expense the District Attorneyâ??s office neither requires nor recommends such a notice, but rather points out that it might serve as a bit of extra weight in a case where an assured conviction is especially desirable. SERVICE CHARGES It is fine for merchants to assess a charge or fee against customers who pass bad checks, assuming notice of the fee is posted so that customers will be aware of this possible consequence as they write their checks. It is also fine for this fee to be included in the notice of bad check and demand for payment sent after a check bounces. However, if the customer comes in a timely fashion and makes good for the face amount of the check, without paying the service charge, then he cannot be prosecuted criminally for the check. The theory is that he has corrected his "honest error" and shown that he did not have fraudulent intent; the service charge not being part of what he contemplated at the time he passed the check (Recall that all of criminal law is about the circumstances and the Defendantâ??s intentions at the time the check is passed.) It should be noted that if a criminal charge is filed and the check writer is found guilty of the criminal offense, the judges in Anderson County have traditionally ordered Defendants to pay the check AND the service charge. STOP PAY CHECKS It may or may not be a criminal matter when a check is dishonored because the writer put a "stop pay" order on it. "Stop pay" is recognized in the Uniform Commercial Code as a legitimate procedure in cases where the purchaser of goods or services discovers after payment that what he has purchased is defective, or not what the contract called for, or otherwise such that he should not "have to" pay. Of course one would expect the purchaser to also complain about the problem or return the goods. On the other hand, if there is no problem with the goods sold and the purchaser stops payment on his check so that he can obtain goods without paying for them, such action is criminally actionable. It is suggested that victims of "stop pay" situations call the District Attorneyâ??s office to discuss the specific facts of the case. The relevant facts include: - Has the check writer complained that the goods/service were not what he bargained for? (And is such complaint made in good faith, even if the victim disagrees with its merits?) - Has he returned or kept the complained-of merchandise, or given the merchant opportunity to fix any deficiency? - Does the merchant have any verifiable information that the check writerâ??s bank account was such that the check would have bounced anyway, such that any "complaint" about the goods/service is in fact bogus. Again, a stop pay order entered solely to defraud a victim can be criminally prosecuted like any worthless check case. But if the stop pay was entered by the check writer in good faith for legitimate reasons, the problem must be worked out civilly between the parties, and with civil attorneys and lawsuits if necessary.
A CHECK IS A "NEGOTIABLE ORDER OF WITHDRAWAL" (a.k.a. PROMISSORY NOTE)...I give you the check and you can present it to your bank or cash it at my bank...there is a PROMISE that the funds will be there when presented. my 2 cents...
HAHAHA...I think George wants the reader's digest version in large print...HAHAHA. And in answer to that I will print out the site and write a shorter example and post it on a thread tomorrow. Sorry George it is a long winded three posts...but it covers the complex issue of when is a check a negotiable instrument and when it is not. I'll try for tomorrow...somewhere in between the raindrops. clc
What about cases of banking error and & or unauthorized withdrawals from your checking account? ************************************* What about a deal where photo copied checks were presented to my bank for collection & the bank paid them.? As a result of this other legit checks bounce due to the photo copied check having been paid by the bank from my checking account.
Does this also apply to photo copied checks.? What does one have to offer as proof that there was in fact a check that bounced? Can I be held accountable for a bounced check that was issued to the payee by another party.? Am I liable for bouced checks on any checking account other than my own checking account? Am I responsible for bounced checks not drawn on my bank? And what type of proof of a bounced check am I entitled to before making a check good.?
IBrown, You've already been told numerous times that they did not present a photo copy of a check to your bank. You've been told numerous times how to deal with this. Why don't you stop bitching about it and do something. Just a thought
LBrown, You've already been told numerous times that they did not present a photo copy of a check to your bank. BUTCH ==================== *************************** That's exactly what they did Butch: Just got my checking account statement the other day along with my canceled checks. The canceled photo copied checks were right in with the cleared original checks. Sprint deposited the photo copied checkes in their checking account at 3RD.5Th. bank & my bank paid Sprint for them. The deduction for them is right there on my checking account statement. ************************* Here is a copy of the E-mail I sent sprint today: Back in Feb.I paid $42.00 which you never credited. You asked for copies of the cleared check and when I sent them you collected on the photo copies instead of crediting the original Feb. check. I believe this is called criminal conversion. Are you going to correct this before I take legal action? L.B.
Here is the reply I just got back from Sprint about my e=mail to them. +++++++++++++++++++++++++ Hello, I understand your concern regarding the payment. I regret that I am unable to honor your request and would request you to contact us by dialing 1-888-211-4727 from a landline phone, or by dialing *2TALK from your Sprint PCS phone. Our Customer specialist would be glad to assist you. I apologize for any inconvenience this may cause you. Thank you for contacting Sprint PCS. Vinoo M. eCare ++++++++++++++++++++++++ On Tue, 13 Aug 2002 15:25:19 EDT you wrote: > Back in Feb.I paid $42.00 which you never credited. > >You asked for copies of the cleared check and when I sent them you collected >on the photo copies instead of crediting the original Feb. check. >I believe this is called criminal conversion. >Are you going to correct this before I take legal action? >L.B. > > >
<< << If you have A dispute with A company regarding the service you better start documenting everything and why you didn't pay. Remember its easier to demand a refund then it is to fight a collection. Desdemona ===================== >>Correct: But why should your credit be trashed for not giving someone an interest free loan. >> LB 59
