Can you collect on out of state NSF checks?

[ClarabelleCowFan]

One of the companies that I work with is located in California and they were presented a check for $2100 from an organization in Kentucky to pay for a performance from one of the bands I represent. The check came back NSF and there have not been sufficient funds in the bank to cover the check. The bank will not tell me if the account is still open or not. The check was first presented in June 2005 and we have called several times to see if the money was there.

Of course we cant get in touch with anyone in that organization now about the check and our booking agency that handled this show refuses to get involved (note they are now our former agency who still owes us money for other gigs).

My questions are:

1. How long is a check good? This one is 10 months old.
2. What can I do now? Who do I take to court since this was an organization's check? Where do I even do that? Do I have to go back to KY to file (I am in SC now)?

 

[Kimberle]

No, legally, a bank cannot tell you if an account is open or if there is sufficient money to cover a check. You are able to resubmit a check once for payment after it was bounced.

You need to have the check written submit your payment with a certified check or credit card. I would not count on this check clearing.

You can also file a police report. In most states a bad check under $500 is a mistaminer, and those over $500 are not.

 

[shamrock bunch]

Usually a check is good for six months to deposit it. You have already deposited it and it came back NSF. I would check w/ your local magistrate or county courthouse.

 

[JadenLayne]

of course you could hire a collection agency.

 

[ClarabelleCowFan]

Thanks but can I file here in SC or do I have to do it in CA (the state where our company is located) or in KY where the check is from?

The check was written by a political organization and signed by the treasurer of the organization. Do I file against that individual or can I file against the organization?

 

[kydisneyfans]

Do you know if the organization still exists? I would try to contact someone by phone or mail for more information ASAP. I'm not sure in what part of KY the check was drawn on, but I would be willing to check phone books and addresses if in the Lexington area for you.

 

[figment52]

A check can be submitted usually not more than twice through normal deposit channels. When a check is presented through normal deposit it is a one shot attempt to recive payment - pay or return within 24 hours

After that you send it to the bank directly for "collection". When you do that they can actually hold it and check daily for a stated period of time - usually 14 days - before retunring it unpaid. There is a handling charge for this, usually only if they are able to clear the check. The manager or head teller will process this request for you.

Unless it is printed on the face of the check it is usually only "good" for six months. After that it is considered stale and the bank, if they catch it when you deposit it, will suggest you secure a replacement document with a current date. The one "however " to this is if a bank should happen to pay a check older than 6 months they do it in "good faith" and it can be charged against your account.

Often contacting the DA in the city where the check is written will assist with prosecution.

Unfortunatley - because of the date of the check I doubt if you will see any of the funds.