WAHM Forums

I feel like crying right now - I am having a huge problem collecting a NSF check for $498 from a party back in November.


I have the guests who write checks write them to the hostess and then she writes me one at the end (after all, she is trustworthy, right?) wrong! The party was 11/11/5, closed it and cashed the check on 11/26/5and ordered items 11/27/5, fed ex delivered it to the hostess on 12/5/5.


the bank tried to cash it twice, once in nov and once in dec. On January 9th I received a letter from my bank that they took the amount out of my account because her check was NSF. I contacted the gal and she said she would pay me by the end of January. Mo such luck.


I even had our corporate call her cell phone and talk to her.She has nowmoved andchanged jobs, and now I can only contact her via e-mail, voice mail, and IM. My last contact with her was a week ago.


I have her guest list from the party as well as phone numbers of her friends. Should I call them to track her down? How do I press charges? I know and she knows that this amount is a felony and she could do jail time. I have given her lots of chances. What next??

Get a lawyer friend write you a nice convincing letter or a have a friend who could pull it off contact her and tell her you are taking her to civil court ( I think it is) and I bet she will pay.


I worked in a rental store and a guy failed to return his tux, well after days and days of calling and voice mail always picking up, I finally go thru to a "room mate" well I told him he needed to let his friend know if the tux wasn't returned by the end of the biz day, we would be seeking legal action. He returned that very night and paid over $200 in late fees.


I am not saying its the best way to handle it, but it might be effective.


Goodluck!

You should also contact your local police. She should be charged with writing bad checks and maybe more. Good Luck! I hope everything is settled soon.

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Yeah, I Agree....I Would Do Both! I Hope Everything Works Out


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Yikes. Did you call the bank to see if the funds were available and try to recash it?


I would give her a deadline to get the money to you by and tell her you have consulted with a lawyer, and you hate to start charging her interest. She has 10 days to give you a cashiers check. If it takes longer, she will not only owe you the money, the bounced fees, plus interest.


Kind of do a bluff thing and see where it goes.


Best of luck! And use this as a learning experience. Welcome to the college of life. smileys/smiley2.gif


Debbie

Hey Tammy,


I don't have any advice for you, I just wanted to send you a big smileys/smiley31.gif!!!


I'm so sorry you're having to go through that. It sounds like everyone is giving you some really good advice. smileys/smiley2.gif

You ladies are all SO much nicer than I am! I would call every single guest
at her party tell them that they may have to testify a their hosts court
appearance for fraud unless they can get her to pay you. Peer pressure
CAN be a good thing! LOL!!

Seriously tho', she can be found. I would just take her to small claims.
You first have to find her, and send a demand letter return receipt
requested. In California, you will get something lke 3X the amount of the
check or $1,000, whichever is greater (Woo Hoo!), plus your court costs...

We had to take a young man to small claims for writing a bad check, and
when he did not show up the second time, the judge issued bench
warrant for his arrest. I called his mother that night and told her that if I
had a cashier's check in my hands by noon the next day, I would try to
get the arrest warrant cancelled... I got the check. What originally would
have cost $45, ended up being over $150...

Nondy

Hi Tammy,


I would do want Deb suggested. Go to her bank and she if she has the funds to cover the check. This way if she has the funds you can get your cash immediately. Go on a Friday, that is usually a pay day. Go first thing in the morning.


Second step would be to do the lawyer thing.


Good Luck!

Tamara -


You need to do something and do it fast! Most counties require you take actionin a -3- month time frame for bad checks. My husband and I own our own business and I just pulled out a warrant on a customer who failed to make good on a $1000 bad check for NSF. It's not a felony in most counties/states. It's a misdemeanor.


What my county in South Carolina requires is two NSF stamps from the bank. WHich means you tried to deposit/cash it twice with no luck. Then, you must send a CERTIFIED letter with the post office. Make copies of everything.YouDON'T needan attorney to write a letter, you can do it. You just have to state what you expect. The amount of the money plus retured fees, etc. You can say that if the amount is not paid within 2 weeks, legal action will be taken. You can NOT be threatening. Judge won't like that. Also - be careful about contacting her friends. That could be considered harrassment.


I'd contact my local magistrates court and see what you need to do. But like I said... some only allow 3 months from the date the check was written. (And many people know that!) She may have been waiting for those 3 months to pass.


Once it is past the 3 months, you can't use the law anymore in some cases. You'd have to take her to small claims court yourself and try to recoup the money.


Good luck and I'd call first thing in the morning and find out your rights.


Susan Scarborough Smith / Star Director

I know here in our Parish of Louisiana all of that goes through the District Attorney. If it's not taken care of by the time limit they give them they issue a warrant. I believe you have to send a certified letter first. I would contact your D.A. and tell them the situation and ask what needs to be done so that you have your ducks in a row if it does have to get that far.


Basically, she stole the money from your customers and then in turn stole money from you. So, like the others said, I'd be on the phone to the proper authorities first thing in the morning. You should not have to have a lawyer to get this taken care of. What she did is a crime, not a civil case.


Best wishes, keep us updated.

I would call the guests from the show, as if you were just doing a regular follow up call. Make it a customer service call, if they are enjoying their products, any return issues, would they like to host a party, do they need any other product, etc.Heck, you may make more $$ off the guests becoming hosts than the original host owes!!


If they even received the product, they may have more to say to you. They may not have!! They may be just as upset with her as you are!! Let them know that you are having a hard time contacting her regarding payment from that show. I wouldn't go as far as to tell them they might have to testify. These are her friends and family, right?? If they find out that she has cheated you and/or them, they are more likely to be able to contact her. They may not have evenreceived their product, so they may think you cheated them!!!


Turn this into a positive for your business. It's a crappy situation, but you may come out of it with more customers/hosts than you went into it with. Try not to be a host basher, but be a concerned consultant. Concerned with the customer first. Did they get the product? Are they enjoying it? Then move into the issue of whether or not they paid the host, and why the host has not paid you! It might beeasy for the host to 'screw' a total stranger, but if her mother or friends were to find out.....shemight be mortified!!! Peer pressure is a wonderful thing sometimes!! Try not to be slanderous or attacking in your approach to this situation. Just a concerned consultant. It may just work!!!


Even offer to discuss the business opportunity with the host, if she is having money troubles!!! I wouldn't necessarily be excited to recruit such a person, but to show her that there is a solution to her money problems may get you your money!!





I am sure you have learned a hard lesson with this situation. I don't submit any shows until the checks have cleared!!!





Good luck! We all hope you get your cash!!!!

All the above advice is great. I would definately be aggressive in action because it has been so long since the check was dated. Remember that you are not a bad person for taking action against this women. If this woman was in an apartment you could contact the landlord and get her forwarding address.


I hope things work out for you.

Hi Tamara, First of all you need to send her a certified letter, you said the only way you can get ahold of her is via e-mail, but I think you also said you knew where she worked before, they should have a forwarding address or the post office should be able to forward her, her mail. In the certified letter you give her 10 days to rectify the problem, you will also let her know if it is not rectified that you will send the check to the prosecuting attorneys office. What she did is illegal. Do not hold on to that check any longer do this today. And do not accept another check from her you will only accept a money order. I have had to deal with this sort of thing. You must first send her a certified letter. If you have any questions you can PM me.


Best of luck


Lisa

Ask Connor in the Romance folder about the letter she sends!! It's good,