Before starting any legal proceedings, send a collection letter such as the following:
[Your company name]
[Your company address:Street, City, State, Zip]
Date:
[Debtor's name]
[Address:Street ,City, State, Zip]
Re: (Insufficient funds/Stop Pmt)
Dear [Debtor's name],
Thank you for your payment on ____________, (check number 1023 for the amount of $400.) Unfortunately, it was returned to us for (insert reason). Please send us the full payment, plus a $20.00 service fee for the returned check by ____________ to avoid additional charges on your account. If you have any questions, please feel free to contact us at ____________________ (phone number or email address).
Sincerely,
[Signature]
[Name],
[Title]
***Or***
Dear :
Our numerous attempts to resolve your long overdue account have not been successful. As you know, your overdue balance now equals $ (which includes interest on the overdue account).
Your failure to make payment on your account may prompt us to take legal action to collect the account immediately. We are hopeful that you will act promptly and forward payment of the outstanding amounts as quickly as possible, but in no event later than , 2006. Interest will continue to accrue on this past due account. If you have any questions, please call the undersigned immediately at ( ) .
Sincerely,
[Company
By:
Title:
If you haven't satisfactorily collected the debt by the date specified, have your Atty draft a letter to the customer reminding him/her of their obligation with the mention of legal proceedings.
If you still fail to receive payment, a judgement will be awarded and a lein will be placed on the property.
Hope this helps.
2006-09-15 06:13:12
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answer #1
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answered by Q.S.G 3
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Writing a BAD CHECK is a crime in every state, and is punishable by a fine and/or imprisonment. Bad check laws do not apply when an individual stops payment on a check UNLESS it can be proven that the issuer of the check intended to stop the check when he presented the check for payment. Some states authorize the receiver of a bad check to collect a service charge to compensate for bank fees and/or cost incurred as a result of receiving and collecting on a bad check.
In the state of Ohio you can collect $30 or 10% of the check face value, whichever is greater in addition to the initial invoice amount that the check was returned on.
I run a South Florida based web solutions company and when we are faced with bad checks we first notify the client which they will usually make payment right away. If we cannot contact the client or they refuse to make good on the check we send them to collections. You can find a good collection company in your area, most do not charge you unless they are able to collect so it's worthwhile to try it.
Tips to help you avoid bad checks.
The Do's of Check Acceptance:
Name address and phone number imprinted.
Current date only.
Compare ID picture with that of the person cashing or writing the check.
Make sure signature matches ID signature.
Make sure phone number is a working phone.
Ask for street address — no Post office boxes.
The Don'ts of Check Acceptance:
Don't let the check writer rush you.
Don't take any check or person for granted, ALWAYS obtain proper ID.
Don't accept prewritten personal checks. At least the signature should be written in your presence.
Don't accept unsigned checks.
Don't accept starter checks.
Don't accept two party checks.
Spotting A Possible Problem Check:
Checks that have a number under 300.
Checks that do not have a phone number printed on them.
If the address on the check is written by hand or if the current address is changed.
No photo ID.
Checks drawn on out-of-state banks.
Checks for more than the amount of purchase.
Two party checks.
Check number is handwritten, stamped or typed.
Loose checks not being recorded in a check register.
YOU DON'T HAVE TO ACCEPT A CHECK AS A FORM OF PAYMENT IF YOU THINK IT PRESENTS A RISK!
Spotting a Forged Check:
The check writers name is different than the name printed on the check.
If the top or side of the check is smooth and not perforated.
If the bank numbers across the bottom appear glossy or irregular.
Any difference or misalignment of type styles.
Printing on the check appears faint or photo copied.
Photo ID does not match information on the check.
2006-09-15 07:05:13
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answer #2
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answered by Tanya 2
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My dear to stop payment on a check means either you have no money in your account or the amount in your account is less to what you have specified in the check. These are criminal acts and you can be arrested for it because you know what your account is before issuing the check.
2006-09-15 05:06:29
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answer #3
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answered by Anonymous
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are you the contractor or the person having the home repaired? If you are the contractor you can put a lein on the property, however if you are the person have repairs done, You can contact local news stations they love storys like this one.
2006-09-15 05:05:00
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answer #4
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answered by Johnnie Jack 1
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place a lien on the property! You have a right to the money if you did the repairs properly. Depending on the amount you may wish to sue them with them given all cost.
2006-09-15 05:02:43
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answer #5
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answered by golferwhoworks 7
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send written letter to them, requesting payment ,wait 2 weeks, if not file small claim lawsuit against them, take bills and documents that you have to the court...when you get judgment, ask the judge to give you a satisfaction of judgment. file that form and place a lien on the property. they will have to pay you due to the fact that will ruin their credit, and if they try to sell, it will not go through until lien is paid....
2006-09-15 05:41:28
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answer #6
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answered by churchonthewayseniors 6
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2016-11-27 00:33:33
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answer #7
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answered by Anonymous
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