Bad Checks

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inyati13

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Location
Kentucky, Outer Bluegrass
My client sold a dog to a Jane Doe.
My client lives in Missouri.
Jane Doe is a resident of Athens County, Ohio (two hours drive form my domicile).
Jane Doe made a deposit of $300 in secure funds.
Jane Doe drove to Missouri and took possession of the dog.
Jane Doe issued a personal check for the balance of $650.
The personal check was on a Chase Bank in Athens, Ohio.
The check bounced for insufficient funds.
I am acting as the agent for client in gratis.
The local government in Athens is a separated City and County Government.
I contacted both the City and County prosecutors.
OOS Bad Check over $500 is a felony in Ohio.
The City and County of Athens share a single prosecutor for OOS Bad Checks over $500.
Jane Doe has three previous civil cases which have been closed. Last one in 2012.
I contacted Jane Doe via phone.
I offered her the following options:
1. Make final payment in secure funds or,
2. Willingly turn possession of the dog over to me or,
3. Face prosecution for felony OOS Bad Check.
Jane Doe contacted client saying she wanted the dog and would immediately send secure payment.
It was another lie.

Short of any thing illegal or expensive legal action, has anyone here found a method to deal with a recalcitrant non-payor?
I know some of you guys have small businesses that deal in personal checks.
 
M5farm":2c25e7hv said:
Go to state attorney office and file charges.
I spoke to the clerk for the county prosecutor who handles OOS Bad Ckecks over $500. She gave me the information that he actively prosecutes these type cases. I plan to speak with him on Tuesday. I wondered if you deal with this in Florida. Is it done through the State Attorney there?
 
Sounds like jurisdiction is in Missouri since the check was signed and presented there. Check with the prosecuting attorney there.
 
I know the State of Arkansas has a "Hot Check Law", but usually handled at county level. I think maybe it makes some state funds available to counties who need to go after something other than local.
I don't know details as I've never pursued any. Always figured if they can live with with it, I can live without. Besides, in aviation, I can have a maintenance lien slapped on Jeds Leer in 24 hrs if he refuses to pay :lol2: That goes into the the aircraft permanent records in OK City. I've only used that tool once.
 
slick4591":3u5lrcdg said:
Sounds like jurisdiction is in Missouri since the check was signed and presented there. Check with the prosecuting attorney there.
I thought passing a hot check across state line was a federal crime Or am I thinking wrong?
 
Hook":30bp4vqr said:
Sounds like a Craigslist scam. " Ill pay you more than you ask and you give me the balance back on cash. "
First things first gotta figure out where the jurisdiction is.

Not a scam. I know the person whom I am acting for (so do you). I am helping because I am close to Jane Doe.

I will get the jurisdiction clear when I speak directly to the prosecutor. I spoke to his clerk as he was out of the office. She stated OOS Bad Checks issued by Athens County residents were prosecuted there. I will find out.
 
Bad checks are handled by the county here.
I was in charge of collecting bad checks written to the farm when I was younger. It was the only part of the farm where Dad would delegate ant authority. Later assumed the same task for my Uncle's contracting business. Was 100% successful on the farm, only lost one on the contracting business.
The collection techniques were at first cordial and progressed as needed.
I shall say no more.
 
Talk to the prosecuting attorney for the county in MO. where the check was cashed. Most of them have really stepped up enforcement of bad checks.

Friend of mine was prosecuted for one that wasn't even hers, just had a similar name and somehow her SS # written on the check, probably a transposed number. She found out it was very long, drawn out and expensive to fight it, she took a plea agreement! Friend lives in Kansas, check was cashed and bounced in MO, so state lines were not a problem for the prosecutor in her case.
 
slick4591":3rkuun8d said:
Sounds like jurisdiction is in Missouri since the check was signed and presented there. Check with the prosecuting attorney there.

slick, I agree that the jurisdiction for in state is where the check is presented. But to prosecute an Out of State bad check in Missouri when the offending party is in Ohio is going to present some issues.
 
inyati13":nsjdftz2 said:
First things first gotta figure out where the jurisdiction is.
[/quote

I know the person whom I am acting for (so do you). I am helping because I am close to Jane Doe.

You know your client and you are close to Jane Doe and you have to get a prosecutor involved? Something doesn't sound right here.
 
bbirder":2q9yobl3 said:
inyati13":2q9yobl3 said:
First things first gotta figure out where the jurisdiction is.
[/quote

I know the person whom I am acting for (so do you). I am helping because I am close to Jane Doe.

You know your client and you are close to Jane Doe and you have to get a prosecutor involved? Something doesn't sound right here.

Something is definitely not right. Jane Doe has my client's dog and issued a bad check. That don't sound right to me either.
 
Ouachita":301o1fwi said:
I know the State of Arkansas has a "Hot Check Law", but usually handled at county level. I think maybe it makes some state funds available to counties who need to go after something other than local.
I don't know details as I've never pursued any. Always figured if they can live with with it, I can live without. Besides, in aviation, I can have a maintenance lien slapped on Jeds Leer in 24 hrs if he refuses to pay :lol2: That goes into the the aircraft permanent records in OK City. I've only used that tool once.
Now how'd my Leer get drug into this? I've never had a Corgi on it.
 

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