Question , kind of legal regarding check payment

[jerseygirl1]

Quote:
Yeah, I don't think it's your check, I think it's there checking account - maybe overdrawn and they owe fees - definitely not right - I would take the high road, which you have already done!

 

[Carols Clucks]

First off you did the right thing-if they want cash, they can go cash that check at your bank.



Second, they probably are having some kind of financial issue.

Like they do not have a business lic under that name and can not go cash the check directly or ask that it be converted from a person check to a bank check in the business name (at their expense-one option)

Or their bank account has a levy or lien against it and any money in the account will be held on to and sent to the agency/lien holder.

Or one spouse has the check and does not want the other spouse to get the money



Write them off as bad business people and do not do more business with them.

 

[corancher]

Sure sounds like this in a problem on their end and they don't want to deposit the check because of some sort of either bank problem where they will be paying fees or perhaps they have IRS or other tax problems and their bank account has been locked down. Any checks are can be traced so they only want cash. Could be also a divorce or business partnership split up and once again trying to hide the money.

The bank may put a hold on the funds until certain checks clear but never refuse to take them.

I see Carols Clucks thinks the same.

 

[welasharon]

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I stated in my letter, that since they accepted the check, they had the option to deposit it in their bank or take it to mine and cash it. I included my banks phone number and encouraged them to call the bank to verify the funds. Of course I also stated that if they continued to call me as they have been, I would be filing a harrassment report against them and pursue legal action if necessary. I closed saying that as far as I was concerned, this matter was closed , and that they had the option in the beginning to accept a different form of payment, it was their decision to accept a check.

This is all you need to do. The matter was over when they took your check for payment. I once wrote a check at Sam's (owned by Walmart) and got a notice from them that the check had been returned. I knew I had plenty of money in there. I checked at the bank and it had never been received by my bank. I called the store and the idiot that answered said I had to come pick the check up. I refused. My bank never refused payment. I am not going to do that. Went up the chain of command till I found someone who finally admitted that the clerk had torn the bottom of the check and their bank could not read the account number.....Really? And you think I am going to drive over an hour because someone there screwed up? Think again. I told them I would be willing to send them a replacement check....and that was just because I was being nice...that I didn't have to do even that much because what they did was the same as if the idiot had torn up a twenty dollar bill...not my fault. She then tried to tell me I had to send her a money order that they would not take another check...I told her I am about to feel not so nice. Did she want a replacement check or was she happy with the one they had? They took the new check. I got an apology call from a manager but who cared at that point. I don't shop there any more.
sharon

 

[Sonoran Silkies]

I've only read the first page so far. My first question is to verify with your bank that your check has not already been deposited, and if it has, whether there was any difficulty suzh as having to be processed through a second time.

It is very disorganized and unbusinesslike to hold onto a check for 8 weeks without depositing or cashing it. If an individual, perhaps understandable, but not if it is a business. Asking you to return with cash is unreasonable. Stating that future transactions must be cash is reasonable (but as already stated, make absolutely sure to get and retain receipts).

 

[Sonoran Silkies]

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True, but why accept the check in the first place. Heck had they asked I would have made the check out to an individual instead of the business, as long as I got what I paid for. The "ODD" one is the wife, the husband is as nice as can be. I had thought that perhaps something is amiss and he is not aware, which is why, when I sent the letter, it was sent to him . Not sure she won't intercept it, but I felt if there was something he did not know, I should try to alert him to it. Not saying he does not know, but I do know she does the books.

Could be she is wanting to cok the books a bit and build her own funds. Not legal, but...if there is trouble in paradise...

 

[lockedhearts]

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I know for a fact the check has not been deposited, I can search for check numbers through my bank site, it has never been deposited. I generally only keep enough funds in the checking account to cover checks written, which honestly is very few. The amount sitting in the bank is for the check in question and a few extra dollars, just in case I need them. I generally draw money out each pay check to pay for what we need locally, plus fuel and incidentals between pay periods. Most bills are paid online via e-check so that money plus any for written checks is left in the account.

 

[goobhen]

I do not think I would give them cash, or a money order (nada) even if they offer to bring your check back to them. Something does not sound right about this. I know a person I work with, her bank closed her checking account, she could only have a savings account because she bounced so many checks. I wonder if this happened to these people/business. Let them find a branch of your bank or let them go to a check cashing business..... Good luck with this and be careful.... again this just sounds so fishy (and it stinks!) Theresa

 

[Sonoran Silkies]

The one thing you need to ask is whether the check once again did not get to your bank. And definitely ask for verification--something from the bank itself. It is possible that once again your bank did not receive the check through improper processing, ...B..U..T... that would be verifiable. Maybe you need to call the husband if you do not receive a reasonable response to your letter.

 

[dainerra]

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Don't know if anyone already addressed this, so going to go ahead and post.

just wanted to say that this isn't how it works. Wal-mart sells the MOs, but they will NOT cash them. The only thing to do is to deposit it at the bank. Now, if you buy a postal MO from your local Post Office, it can be cashed at any PO. Provided, of course, that the post office has enough cash on hand to cover it.