I live in the state of nj...and i am looking at all these laws that prohibit and fine bad check doers...with the exception of post dated checks. What am I suppose to do? The guy owes me money says he will pay me and gives me a post dated check that bounces! worst off i end up paying the bounced check fee and he walks away free?!?! whats going to stop me from doing the same thing to other people? this should be punishable! post dated checks are a promise to pay in the future! i have been waiting for 5 MONTHS! what do i do????
2007-08-27 13:22:45 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
This guy knew you couldn't prosecute a writer of a post dated check.
Eat that check, and stop taking them.
2007-08-27 13:27:02 · answer #1 · answered by Stuart 7 · 1⤊ 0⤋
depends on how much it's for, but I'd say take him to small claims court. Sue him for the original amount plus the fines for a bounced check and any other checks of yours that bounced because you were expecting the money to be in there. It shouldn't matter that if you don't have a specific contract that states he owes you money, since he wrote a check...which is a promise to pay...sort of a contract in itself. Get a copy of the check, all of the statements with the bounced check fees and sue him. You can also press criminal charges.
BTW, a bad check is a bad check, regardless if it's post dated or not. Most banks have a merchant verification line for you to check before you try to cash the check and deposit it.
2007-08-27 13:29:54 · answer #2 · answered by VodkaTonic 5 · 0⤊ 1⤋
Take him to small claims court for the money that he owes you. The reason he isn't held criminally liable for a post dated check bouncing is because you KNEW (or should have known) that he didn't have the money to cover the check when he wrote it.
Never, NEVER take a post dated check.
2007-08-27 13:27:13 · answer #3 · answered by Citicop 7 · 0⤊ 0⤋
it is unlawful to jot down a verify and not have the money interior the account. it is not significant if the salesperson instructed you to enable the verify bounce. You knew which you will not have the money. you probably did no longer, in certainty, supply the dealership $3,seven hundred, because of the fact the verify BOUNCED. And sure, they might deliver you to collections. and that they might sue you for charge of that money. you probably did, in certainty, make a promise to pay that quantity on that date by using writing a post dated verify. You in fact suggested, IN WRITING, that the verify would be stable on that date. in case you have an oral contract (what the salesperson instructed you) and a written contract, then the written contract trumps the oral one each and every time. interior the destiny, if somebody potential which you attempt to hobby the gadget like this, stroll away. If the guy is prepared to ask you to interrupt the regulation, or perhaps only act unethically, you may make particular that this guy or woman would be only as unethical or unlawful in his/her dealings with YOU. automobile sales human beings have not got your superb hobbies at coronary heart. oftentimes they are finding to squeeze as lots money out of you as conceivable, and that they do no longer care how they do it.
2016-12-12 13:19:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The solution is to take cash or credit card.
2007-08-27 13:26:34 · answer #5 · answered by Bubba 6 · 0⤊ 0⤋