OT - Anyone go to small claims court - anyone sue for money owed? any lawyers etc?

[lisaross]

OK my husband worked for a franchise part-time - fixing computers in peoples homes. so he'd get paid everyweek well last week a check bounced and he is still owed a few hundred dollars - he has tried to call his employer and no response back - left several msgs etc.

So, we have the returned check for insufficient funds - what would you suggest we do now - file a claim at small claims court - leave a msg stating if we don't receive the $ we'll be going to court?

thanks

lisa

 

[pilgrimage]

Your first step must be a CERTIFIED letter stating the amount owed,
a copy of the returned check, 10 days to pay and saying that you will
take them to small claims court. Require a money order or cashier's check so you don't get stuck again.You do not need a lawyer.

If they do not pay you in 10 days after they sign for the letter, file for a
date in small claims court. The fee varies, usually $50. You appear, make your
case takes less than 20 minutes. They also owe you for court costs, plus the
bad check.

Make certain you have the name of the people who own the franchise. Sometimes people file claims against a work colleague who is not the responsible party.

Good luck. Sounds like someone is being pretty irresponsible.

 

[lisaross]

this guy whom pays my husband is the owner - well actually he has a partner but my husband never dealt w/him! Thanx i'm going to send the certified letter out on Monday!

lisa

 

[Experiment #626]

What state are you? In Michigan there is a bounced check statute where if you follow the statue time line after mailing a letter with specific verbage your damages in court are the amount of the check plus 2 times the amount of the check.

 

[lesroi]

I don't even think you have to go to small claims court. If this is wages owed you can just file with your state's "Wage and Hour" division. Companies usually pay on those claims quick because they don't want to get fined.

Doesn't cost you anything to file there either.

Tracy

 

[jenimay]

Sounds like you got some good advice, my husband had something happen similar about 10 years ago. He had a check that bounced. He went the employer who cut him a new check, but it still wasn't everything dh was owed. So dh went to this guys bank everyday until there was money in the account to cash the check. Turns out the guy put a stop on the new one(jerk), but dh had held on to the bounced one and was able to take the bounced one and cash it-haha. We got the last laugh and dh never worked for his again.

 

[lisaross]

I never heard of Wage and Hour division - i'll look into it

thanx

 

[Cheshire Figment]

Actually depending on the state and the amount writing a check in payment of wages with insufficient funds is usually a felony. Rather than threatening to sue, the notice should just refer to "legal action" and include the potential criminal penalties. That is quite a bit stronger than just Small Claims Court, as it could include jail time and fines in addition to restitution.

 

[summerrluvv]

Writing a bad check is a crime in NY. Tell him you plan to go to the District Attorney unless he pays up quickly.

 

[calie_j]

Before you file with the court check with your local police department. When we had bad checks we'd send the certified letter and if they didn't respond in the 10 days we took the bad check, copy of the letter, and receipts from the post office (send it so they have to sign for it AND you get a copy of that back) to the county sheriff's office and turned it over to them. Then the sheriff would take over trying to collect it with no charge to us.

 

[lisaross]

THank you!!!

The check was for $395.00! plus i got charged 10 bucks for it bouncing and i think he owes us another 400 on top of it!

Lisa

 

[Darcy03231]

Some states call it the Labor Department rather than the Wage and Hour Department. In most states writing a bad check is a crime. You should definitely take it to the police (or sheriff) dept. This person could have written bad checks to others and they may already have a file started.

 

[lovebuzz]

I had to take a landscaper to small claims court. He owed us $1500. I filed and won my case.( he never showed up) I won my money, plus court cost. I then tried to garnish his checking account but, he had closed it. so, I filed a lean on his property.I never thought I would see the money well lo and behold this year he decided to sell his house and I got back my money, fees and 12% intrest.

 

[seashoreCM]

I filed a lean on his property.I never thought I would see the money well lo and behold this year he decided to sell his house and I got back my money, fees and 12% intrest.

Alternatively you could foreclose. Imagine the surprise when they get a notice that they could actually lose their house over a $1500. debt! They will beg, borrow, or steal the money (or take out a cash advance on a credit card) and pay you off.

Disney hints:
http://members.aol.com/ajaynejr/disney.htm

 

[lisaross]

Please be advised per our Agreement I received a check from you (check #@@@@) in the amount of $395.00 on 11/17/06 for work performed on_____________, unfortunately the check bounced. In addition to this, you also owe me $400 for work I performed on …..i'll list the dates and addressed.

Please remit payment to me within 10 days in the form of a cashiers check or money order. If I do not receive the amount owed to me, I will be taking legal action.

 

[Cheshire Figment]

Please be advised per our Agreement I received a check from you (check #@@@@) in the amount of $395.00 on 11/17/06 for work performed on_____________, unfortunately the check bounced. In addition to this, you also owe me $400 for work I performed on …..i'll list the dates and addressed.

Please remit payment to me within 10 days in the form of a cashiers check or money order. If I do not receive the amount owed to me, I will be taking legal action.

Try this instead. It uses more technical and legal terms. The last part shows your intent if you have to go to authorities if teh letter is not delivered.

Please be advised per our agreement you had provided me with Check #@@@@ in the amount of $395.00 for services rendered. This instrument was not paid by your bank citing Non Sufficient Funds as reason. In addition to this $395, there is a matter of an additional $400.00 to cover services rendered on (insert dates) which has previously been invoiced and not addressed by you.

If we have not received the $795.00 due, in certified funds, by ten business days from date of your receipt of this letter, or immediately if this letter is returned as unclaimed or refused, it is our intention to take appropriate civil action and/or notify criminal authorities of the returned check.

 

[cf0423]

OK my husband worked for a franchise part-time - fixing computers in peoples homes. so he'd get paid everyweek well last week a check bounced and he is still owed a few hundred dollars - he has tried to call his employer and no response back - left several msgs etc.

So, we have the returned check for insufficient funds - what would you suggest we do now - file a claim at small claims court - leave a msg stating if we don't receive the $ we'll be going to court?

thanks

lisa

I work for a company in WNY and when we received a bad check first we go to the bank on which it was drawn on and protest it. Then if they don;t make good after 10 days we can go to the local sheriff and have him arrested. Fortunatley most people make good prior to the police getting involved.

 

[Bren's Mom]

One other thing that hasn't yet been mentioned...if he sends a partial payment please check with your local police department to be sure that you can still file criminally if you take it. Some states won't prosecute if you have accepted partial restitution already.

 

[DisneyWorld Delight]

Something could have happened on his end that is causing a domino effect.

A. A deposit to his bank could have been credited to the incorrect account.
B. A payment to his company could have bounced.
C. Could just be a clerical error at the office.

It would be great if you could talk to him. It might be an honest misunderstanding.

If you know this is a shady deal, then yes, go ahead with the letters. But, I would try to communicate with him again.

 

[lisaross]

we've been trying to contact him for over a week - left msgs on his voice mail - he has not returned any calls - he is definitly dodging this.