Question , kind of legal regarding check payment

Discussion in 'Random Ramblings' started by lockedhearts, Aug 25, 2011.

  1. lockedhearts

    lockedhearts It's All About Chicken Math

    Apr 29, 2007
    Georgia
    I have dealt with this person in the past, always paid with a check, one time a check was returned, it was a bank error as our direct deposit was mis-routed within the bank. I had my bank send a letter to this person, all was well. The next time I dealt with them a check was fine and all was well.
    Last time I dealt with them, they accepted my check, this was almost 8 weeks ago. Now, all of a sudden they have decided they want cash, I offered cash on the day they accepted the check. But no, a check was fine. Now, all these weeks later they are basically harrassing me about giving them cash and sort of trying to imply that they will come after me legally if I do not comply.
    I am certain, this is not legal , at all, the excuse, they have had several checks from others returned and their bank will no longer accept checks .
    I plan to send a certified letter to them asking them to cease and desist their harrassment, but I am trying to find some legal precident to list in the letter.

    Normally, I would have no issue exchanging the check for cash, but one, they are a ways away, so I would have to drive there, I thought about sending a postal money order, but if they are insisting on cash, I will be insisting on having my check handed back right then.

    This really irritates me that they have waited this long to change their mind.
     
  2. debilorrah

    debilorrah The Great Guru of Yap Premium Member

    No they cannot do anything legally. If they want cash that bad, make them come to you!!!! And bring your check with them. Some people!!
     
  3. lockedhearts

    lockedhearts It's All About Chicken Math

    Apr 29, 2007
    Georgia
    Personally, I think I might would be able to take them to court for the harrassment. They accepted the check, why the heck hold on to it for 8 weeks????? If they want to cash it drive to my bank 40 miles away and cash it!
     
  4. Lisa202

    Lisa202 Chillin' With My Peeps

    719
    7
    133
    Aug 20, 2010
    Long Island NY
    I find it hard to believe that their bank won't accept a check. But I do understand why they don't want to accept checks anymore. I've gotten burned one too many times and know I won't accept checks either.

    I would find out what bank they use and call it to find out it what they are saying is the truth. If it isn't (which I suspect is the case) I would tell them this and tell them to deposit the check. And tell them that the next time you will give them cash.

    But, call the bank first. If you don't know their bank, ask yours if this sounds right to you.
     
  5. lockedhearts

    lockedhearts It's All About Chicken Math

    Apr 29, 2007
    Georgia
    Quote:I have been burned a few times as well. I also find it hard to believe that the bank will not take checks, unless there is more to the story. I do not know what bank they use, but I can check with mine. After this, I doubt I will do any further business with them.
     
  6. cassie

    cassie Overrun With Chickens

    4,792
    387
    281
    Mar 19, 2009
    Tell them to pound salt. If they have accepted checks after the one bad one, they don't have a leg to stand on. The other alternative is to send them a cashiers check if you can get free ones from the bank. Do you really have to deal with these people? The statement that their bank will not accept checks is hooey. Tell them to quit trying to BS you. BTW, if they haven't cashed the last check you gave them and they refuse to accept it, make them return it to you before you do anything else.
     
  7. cafarmgirl

    cafarmgirl Overrun With Chickens

    On a good day, if I was feeling particularly nice, I might tell them they had two options: #1. Bring the check to you to be exchanged for cash. #2. Take the check to your bank for cashing and don't ever call again! It is not your responsibility to run after them to make them happy!

    Now on any other day I would tell them they should have asked for cash on the day of the transaction. That day is long past so now it's their problem, not yours, and they need to just deal with it. I can understand not accepting checks but they should have made that decision the day of, not weeks later.

    If they want to try to come after you legally, let them! You paid them, it's not your problem they haven't had the brains to just go to your bank and cash the check!
     
  8. lockedhearts

    lockedhearts It's All About Chicken Math

    Apr 29, 2007
    Georgia
    Quote:The thing is, I offered cash this last time, before I went there I called and asked if I needed to bring cash. I was told NO, a check was fine. I really feel as if they can just deal with this, either deposit the check or drive the 40 miles to my bank and cash it.
     
  9. Imp

    Imp All things share the same breath- Chief Seattle

    If you do exchange for cash, be sure to get a receipt.

    Imp
     
  10. easttxchick

    easttxchick Lone Star Call Ducks

    8,427
    15
    263
    Aug 3, 2009
    Tell them to take your check to the closest branch of your bank, cash the check and deposit the cash.
    If they had a problem with accepting your check, the time to say so was BEFORE they accepted it. Nothing they can do at this point UNLESS the check won't clear.
    Tell them to bring on the lawsuit!
    Edited to add-Isn't there a branch closer than 40 miles from where they live? I thought each bank had about 10 branches within a 2 block radius???? Sure seems that way!
     
    Last edited: Aug 25, 2011

BackYard Chickens is proudly sponsored by