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Bad Checks ???

abcguns2abcguns2 Member Posts: 2,320 ✭✭✭✭✭
edited May 2006 in General Discussion
O.K. , here we go , with-out making a long story longer , we got a $290 bad check (for a GUN), looks like we are going to have to go the "legal" route to collect ??? any suggestions ? by the way , this is the first 'bad check' we have had in over 26 years ?
Thanks !!!
d.a.stearns
Gunsmith / LEO
Niota , Tn
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Comments

  • GuvamintCheeseGuvamintCheese Member Posts: 38,932 ✭
    edited November -1
    Don't give them the gun until check clears. Not being a smartazz, but I wont accept a personal check, and if I get one I will hold it for 10 business days.
    You can call the bank and give them checking acct. no and tell them you have a 290 dollar check is it good? do this everyday until there is $ in the acct and run and cash it at there bank.
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  • IAMACLONE_2IAMACLONE_2 Member Posts: 4,725
    edited November -1
    I ate my last one, bad check.
    As a matter of fact I gave his wife a $100 bill, when I went to collect.
    SOB deadbeat left wife & 2 kids without anything.
    Please dont follow my lead, it can get expensive.
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  • n/an/a Member Posts: 168,427 ✭
    edited November -1
    Take check to local sheriff, file bad check charges, Here in Florida when they find the person, they give them a chance to make the check good, if not done within a certain time period, they are arrested and charged with a felony . Even if they make the check good, you can persue it if you can prove they intentionally wrote a bad check. Another alternative is to turn it over to the states attorney..
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  • sig232sig232 Member Posts: 8,018
    edited November -1
    I assume that you have run the check through a second time to see if they put the money in the account to cover the check. Call them and find out what their intention is.

    In some states if someone writes a bad check you can collect up to 2 & 1/2 times the value of the check. I had a local lawyer in Oregon that would get the judgement and follow them around and guarnish them or freeze their bank accounts. cost for this service was a third of the collection amount. Usually you can freeze their bank account they will cry foul and pay up quick to protect their reputation.

    If you have a serious deadbeat you may follow them for a while until they get a job and then collect through a guarnishment. You can walk this through small claims court yourself in Oregon. Worth the effort!

    I don't know TN law so you must do a little research.


    Good Luck!
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  • bsallybsally Member Posts: 3,165
    edited November -1
    What is the check stamped? NSF, acct. closed, acct not found. Have you tried calling the guy. More often than not it is an honest mistake and the guy will make good no problems.
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  • hughbetchahughbetcha Member Posts: 7,801 ✭✭✭
    edited November -1
    quote:Originally posted by Classic095
    Take check to local sheriff, file bad check charges, Here in Florida when they find the person, they give them a chance to make the check good, if not done within a certain time period, they are arrested and charged with a felony . Even if they make the check good, you can persue it if you can prove they intentionally wrote a bad check. Another alternative is to turn it over to the states attorney..


    I would agree with this strategy. If they are professional check kiters they won't be easy to find. If they are local folks it shouldnt be too hard to get the gun back or have them make good on the check. I think that even the threat of going to the authorities is enough to motivate most folks.

    Abc,

    I'm taking my son camping this weekend down to Cherokee nat forest(home of the child-killing bears), maybe leaving friday morning. If you are going to be around I'll drag that box of shotgun parts and old mauser parts down to your place and you can look them over.
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  • KEVD18KEVD18 Member Posts: 15,037
    edited November -1
    isnt it a felony to write a bad check for a gun? or is it just if you write it intentionally?
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  • 1911a1-fan1911a1-fan Member Posts: 51,193 ✭✭
    edited November -1
    go the legal route asap

    i don't know the rules where you live, but here the prosecuting attorney will require it to be ran through your bank twice, and stamped as such, then they will issue a letter to the jerk for the amount of the check + your fees what ever you desire within reason

    290 bad check for a firearm would be frowned upon by any judge, but time is important
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  • WarbirdsWarbirds Member Posts: 16,936 ✭✭✭✭
    edited November -1
    I don't write checks for anything, so forgive my ignorance but I thought I read somewhere a year or two ago that there was some new high-tech widget that businesses now have that instantly transfers the money or verifies it is there or something. I have had the same bank account for 9 years and I still have the original issue of 150 checks. I have probably filled out less than 20 of them. They are just not convient for anyone but criminals these days.
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  • rob223rob223 Member Posts: 2,358 ✭✭✭
    edited November -1
    Unfortunitely, I learn not to even trust the banks. I received a personal check, called the bank to verify the account and amount. They said go ahead. So, I sold it. The next day or two, I got a call that the check was bad, it was drawn on a closed account, funds reversed. I stated I had called prior to make sure it was a valid check. They stated when I called the computers were down and they just assumed it would have been ok. I stated, "why didn't you just state that, and I would have not made the transaction?" Any way it didn't matter by that time, plus although I don't know what my legal options against the bank would have been, but they didn't give me the money back for thier error. But, to make a long story short. It was a guy using checks from his dad's old checking account, his dad still linved at the same address and the not so bright fellow was still living there. Item retrieved. Got lucky, but learn a lesson.
    Brian
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  • HAIRYHAIRY Member Posts: 23,606
    edited November -1
    Let the buyer know that as far as the seller is concerned, it is a STOLEN gun and the BATF and police will be notified. That, IMO, will cause some immediate reaction on the buyer's part.
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  • n/an/a Member Posts: 168,427 ✭
    edited November -1
    If I'm not mistaken, it is a FELONY to write a bad check for a Firearm. I read that somewhere in our ATF regs.
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  • n/an/a Member Posts: 168,427 ✭
    edited November -1
    In Florida the merchandise payed for by the check has no bearing on the degree of the crime.. I inquired as to the Felony of buying a firearm this way and was informed that the firearm didnt come into play.. KNOWINGLY writing a check on a closed account is the Felony.
    Some of you might remember I had a bad check presented to me, and the guy was forced into making it good. The account he wrote the check on had been closed for a year. In fact he wrote two checks on that account the same day. It is a complicated deal here in Florida. We let the guy off the hook after he made the check good with cash.
    The person must willing and knowingly writ the check. NSF I think they have ten days to make it good before a complaint can be made.. I was mad because the Bank would not give me any information on the person that wrote the check. They wouldnt even stamp it one way or the other. Something to do with the Privacy Act .
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  • Rebel_JamesRebel_James Member Posts: 4,746
    edited November -1
    abcguns2, if you're really a LEO, why are you asking in here what to do with a bad check??
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  • dcon12dcon12 Member Posts: 32,040 ✭✭✭✭
    edited November -1
    quote:Originally posted by Rebel_James
    abcguns2, if you're really a LEO, why are you asking in here what to do with a bad check??


    Damn, you could have made detective if you had been like this on the job. Don
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  • plains scoutplains scout Member Posts: 4,563
    edited November -1
    Bad checks are still a crime in most states. See the local prosecuting attorney. If they have time to punish the Duke lacrosse team they should be able to prosecute for a bad check.
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  • abcguns2abcguns2 Member Posts: 2,320 ✭✭✭✭✭
    edited November -1
    O.k. , longer story short : already tried to get them to make good ? what a mess ...talked with an attorney , going the 'legal' route ...
    If some-one can tell us reg.#s as per bad check for guns (atf?) please do so ...Hughbetcha , both of us will be here all day Fri.,Rebel James , yes Im a real LEO , different ballgame from the standpoint as a business owner starting/doing this process (that I have never had to do as a business owner!)and picking some-one up on warrents after the fact as a LEO !!!!!! we are convinced that we may never see our money , but that by far will not keep us from doing the steps to try and drop the hammer on them ........wish us luck !!!!!
    Thanks !!!
    d.a.stearns
    Gunsmith / LEO
    Niota , Tn
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  • mussmuss Member Posts: 1,311 ✭✭✭✭✭
    edited November -1
    ABC,

    Here in Pa. you must send them a registered letter and give them 10 days to pay the debt,(I think this may be a requirement of the local judge and not the law). After that you can file legal charges. They then have to appear in court and see the judge. The local judge here usually gives them a chance to pay cash before the hearing, if they do, he usually will drop legal charges.

    Just remember to send the registered letter with return verification. There is NO fees associated with filing the legal action, being that it is a private criminal complaint.

    I guess you can tell I have done this a few times.[xx(]

    Good Luck.
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  • gundawggundawg Member Posts: 32 ✭✭
    edited November -1
    sooner or later we all get stung... Some of my worse cases were a guy that
    bought a gun locally and bounced one, then when ever I would call I would get
    his mother on the phone complaining how she can't take this and she has a heart
    condition crap.... he would never get on the phone. So I sent a letter telling him I
    was going to file theft by deception charges and he paid. Another clown from Al
    bounced a certified check for some mags for an auction here. (yes you can stop
    payment on certified checks, beware!) My last 2 negative feedback's were
    because guys sent checks for payment and I didn't ship right away, even though I
    told them I wait 10 days right from the start. Idiots everywhere that can't read & don't pay attention
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  • select-fireselect-fire Member Posts: 69,523 ✭✭✭✭
    edited November -1
    abc, here in SC there is a form to send to the party who wrote the bad check. I believe both our states are the same. So, go see your Magistrate or Judge and get the form. Send it to them and they have 10 days to make the check good plus pay for your bank charges and business arrangement with them. Do you have a sign in the store stating bounced checks will be $30.00 charge? IF the party does not make good, then the Judge will sign a warrant. I've did a few warrants and when the parties are picked up they want to pay immediately ( calls from the jailhouse )
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  • bpostbpost Member Posts: 32,669 ✭✭✭✭
    edited November -1
    quote:Originally posted by abcguns2
    O.k. , longer story short : already tried to get them to make good ? what a mess ...talked with an attorney , going the 'legal' route ...
    If some-one can tell us reg.#s as per bad check for guns (atf?) please do so ...Hughbetcha , both of us will be here all day Fri.,Rebel James , yes Im a real LEO , different ballgame from the standpoint as a business owner starting/doing this process (that I have never had to do as a business owner!)and picking some-one up on warrents after the fact as a LEO !!!!!! we are convinced that we may never see our money , but that by far will not keep us from doing the steps to try and drop the hammer on them ........wish us luck !!!!!
    Thanks !!!
    d.a.stearns
    Gunsmith / LEO
    Niota , Tn


    Me thinks the ATF looks at a bad check as a stolen gun annd is considered a felony. call the ATF and keep us up to date on the dead beat miserable low life scum bag.
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  • Rebel_JamesRebel_James Member Posts: 4,746
    edited November -1
    quote:Originally posted by dcon12
    quote:Originally posted by Rebel_James
    abcguns2, if you're really a LEO, why are you asking in here what to do with a bad check??


    Damn, you could have made detective if you had been like this on the job. Don


    I was and did, retired as Sgt. in CID. Unretired a month ago to work the courthouse detail for another county SO.

    As to the crime of writing a bad check, I can only tell you the specifics for Georgia.

    1. If the check is over $500.00, or is written on a 'closed account,' or just about any crime concerning the theft of a gun, the crime is a felony.

    2. If the check is written on a 'closed account' you may be able to charge the writer with 'Theft by Deception' and list the gun as stolen on NCIC.

    3. If the check comes back from the bank stamped, Insufficient Funds, you can only charge the writer with writing a bad check.

    Contact your local DA's Office and have them check your state laws.
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