How to Collect From a Bad Check?

[vhadley]

I had a lady bounce not one check, but two checks on me! I know, stupid, stupid me for taking the 2nd one! She really seemed SO honest! Well a hard lesson learned on my part! Does anyone have any advice on what to do next? As of yesterday she has stopped taking my calls/texts. She was supposed to meet me today, but now she's ignoring me. I live in KY, the check amount is $289 with a $19 bank fee, so $308. This has been nothing but a very stressful nightmare for me!

 

[esavvymom]

Small claims most likely. But I'm not sure the process for that.
I do hope you still have her products??? At least then you can return them. If you don't, and the host has them, call her right away to make sure they aren't delivered.if the customer already has them, I would guess small claims.How To Take Your Case To Small Claims Court - The Consumerist

 

[Intrepid_Chef]

I hope she doesn't have her products either. I also hope she wasn't a host! If she was, she probably has not distributed her guests items either, so I would be checking with them.

I take all checks to the bank where they are drawn to verify that they are "good at this time." If my own family will bounce a check on me, why wouldn't a stranger?

 

[vhadley]

No, I don't have the products. It was a catalog party and by the time she gave me the 1st check it was the same day I put the order in. It was her Mom's party, she was doing the payment. It took almost 5 days with her check to bounce (over a long weekend) so the products were already delivered when I found out!

 

[vhadley]

She used to be a consultant years ago too!!

 

[vhadley]

Her Mom said she's still meeting today with cash, so we'll see! UGH! what a nightmare!

 

[wadesgirl]

If she doesn't meet you with money, you can always try to take the check back to her bank to see if the money is in her account. You would be out the bank fee but at least you would have the money that way.

 

[Becca_in_MD]

I would keep letting the mom know that you have not received payment (cash or money order only). Let mom be the collection agent, or have mom pay you and her daughter can settle up with her.

The woman may be embarrassed that this happened, esp. twice. Continue to be nice and just never take a check from her again.

Good luck!

 

[pkd09]

When a person writes a check without funds in the account it is a crime. I do not file small claims I make a police report and file charges. I have zero tolerance for this kind of behavior. Yes, sometimes mistakes happen and most make good on the check once a call has been made...but twice no way! If you don't receive the cash today I would leave one more message stating your intention of filing a police report and criminal charges. In my jurisdiction the police want me to document date and time of three attempted calls. I then send a certificed return receipt letter. In 5 years of doing Pampered Chef I have had one bad check not collected. An arrest warrant is now out for the individual. Sooner or later I will get all of my money due.

Good luck

 

[jwpamp]

Check your state laws. Indiana allows for recovery of 3x the amount of the check + any fees. You can typically get a letter from your state's website (google 'nsf check recovery'). Send things so that a signature is required. You can file a claim thru small claims court if it comes to that.

Good luck -- lesson learned.

 

[pampered1224]

Once you know the law, send a simple e-mail to the lady and her mom. State simply that if the funds are not in your hands by such and such a date and time, you will be going to the police. There is one more way to put this into your hands. Call HO. Tell them you need the party shipped to another location and tell them why. If the party has not been shipped, they may be able to change the shipping address to yours. BUT DO THIS BEFORE THE PARTY LEAVES HO!!! The alternative is to contact FedEx once you have the tracking numbers. It must be done though a.s.a.p. or it will be delivered to the host. This is not always possible as your name is not The Pampered Chef nor that of the host. Although, you could pretend to be her. One more option, watch the shipping closely and be at the host's home the day the stuff is to be delivered. The only problem with that is that mom may actually be in on it. And you can not just walk off with the boxes because your name is not on them.

 

[vhadley]

well big surprise she didn't show today! I'm livid! She had me waiting at Mcdonald's to meet her and was texting me she was still at her son's school. Knowing the whole time she wasn't coming!

 

[vhadley]

I can't believe someone would do that, how disgusting!

 

[cincychef]

After looking into KY laws to file charges you can go to her bank as many times as you need to until she has money in the account and they will let you know when you can cash it. Then like someone else said you will only be out the bank fee which isn't ok but at least it is less. I have done this several times, but I always eventually got the money back

 

[Sheila]

Looks like it's a Class A Misdemeanor in KY ~ punishable by 90 days-12 months in jail. I recommend that you keep any evidence of communication between the two of you, send her a certified letter requesting the amount within 10 days of the receipt of the letter and let her know that failure to comply will force you to contact the authorities & file theft charges. Then be willing to follow through if she fails to comply. No more meetings either. She can come to you when you are available.

 

[vhadley]

Believe it or not, she paid me!! Still not sure how that happened! I'm just SO relieved this mess is over! I did get rude and mean and that's not me! I'm just so discouraged over this that I don't even want to keep selling knowing I'll have to deal with crazy people again!

 

[babywings76]

These cases are very uncommon, so try not to let it get you down. So glad she finally paid you! Such a relief to have it over and done with.

 

[BethCooks4U]

Believe it or not, she paid me!! Still not sure how that happened! I'm just SO relieved this mess is over! I did get rude and mean and that's not me! I'm just so discouraged over this that I don't even want to keep selling knowing I'll have to deal with crazy people again!

Don't let this discourage you. This is RARE. I have had only a few bad checks in over 9 years and they all paid me. Yours was a large amount so understandably frustrating and scary but it is not the norm.

 

[pampered1224]

Everyone is right. Do not let this discourage you as it is such a rare occurrence. Take some time to sit down and decide how you want to continue to handle payments.
Checks made out to hosts, hosts pay you via credit card only. This way if there is an issue, HO will hold the party for you.
Credit cards or cash only from guests. Again, cash is cash and a bad card will hold the party at HO.
Funny how the amount was so large and it was an ex-PC consultant or relative of one?
I had a party back about 5 years ago where the highest order was that of an ex-consultant and his wife. Well over $200. That check bounced and it took me a month to get it settled. And of course I was the horrible person as I kept nagging them for the money. I finally did resort to legal advice. I happen to know that counties DAs wife! He wrote up a letter and I mailed it. I had the money within 24 hours of them signing for the letter! I also had one where the whole party was placed on the host's Credit Card. That was a real pain in the arse! It took two and a half months to get that one straightened out. It was over $1200! The products got held up but she kept lying to everyone about what was actually happening. I lost 4 bookings, several good customers and she lost her job because when it all came out, my mom worked with her, it was found out that she was lying about people at work saying it was their cards that were bad. because of those lies, she was asked to leave. Since then I rarely take checks from anyone but Credit Cards I still do. No one got there stuff because of her until it was cleared up as she had all the money!

 

[NooraK]

Credit cards or cash only from guests. Again, cash is cash and a bad card will hold the party at HO.

I have a show sitting on hold at HO because a card was declined, and I can't get a hold of the host. She's started to actually avoid my calls (forcing it to voicemail instead of just not answering).

 

[Brenda.the.chef]

If anyone wants to pay by check, I make them pay the host. When I close the show, I receive a check from the host and tell her that I will submit the show once the check clears. I've not had any problems with bad checks either. I'm glad your nightmare is over though.

 

[Sheila]

I've only been in the business for 3.75 years. So far, only ONE bad check & as soon as she figured it out she ran to the bank, got cash & traded me. She even paid the fee my bank charged.I have to admit, I'd rather have a $25 check bounce than a check for a whole show. And some people just don't have the credit to pay for a big show like that on their card. I haven't had enough issues to say cash or card only, I still take checks. But now that I'm back in the states if it becomes a problem, I'll start advertising to hosts that it's cash or charge only with me and that they need to let their guests know up front.

 

[wadesgirl]

5 years in, I've only had 4 bounced checks. 2 called me before I even knew they were bad and paid the fees. Only one did I have problems with - she said she mailed me a money order on Friday and by the next Friday I had not received it. I called and left her a message that I was going to her bank to cash it. She was mad that I didn't wait for her because she had just mailed my money order (a week late!) because she had just been paid. I would have been patient had she told me she wouldn't get paid for another week but without hearing from her I wanted my money. I held her cash until I got the money order and mailed her cash back.

 

[Becca_in_MD]

Noora - I'm sure you're doing this, but be sure you leave a voicemail that the whole show will not ship and no one will get their orders until her card # is cleared up. Tick, tick, tick as we countdown to Christmas and people start asking her where their orders are.

 

[islandgurlchef]

Is it the host's credit card that's declined? If so, can HO just remove all items that need to to be paid for and leave only the free items on the order?

 

[NooraK]

Noora - I'm sure you're doing this, but be sure you leave a voicemail that the whole show will not ship and no one will get their orders until her card # is cleared up. Tick, tick, tick as we countdown to Christmas and people start asking her where their orders are.

Yes, I've been doing that, pretty much daily.

Is it the host's credit card that's declined? If so, can HO just remove all items that need to to be paid for and leave only the free items on the order?

It's the host's mother's order. It was a small show, and if mom's order is removed, it's not sufficient to be a show. Mom told me to call host to get a card number from her, because host has one of Dad's cards. I will be calling mom again tonight, to let her know I can't get a hold of the Host.