HELP- Cashed a check from closed account

[kellia]

I sold something and accepted a check for it, deposited it back at the beginning of MAY. I just got a letter from our Credit Union saying that that check was from a closed account so I owe them $100 PLUS $20 fee! How the heck can it take 2 months for them to find out that a check didn't clear in this day and age? They said that they just got the check back from their bank.

What can I do? Is there any way to get the money back from this person?

OMG, I am so upset, we have had so many unexpected expenses lately, plus tuition I have to pay for in the next couple weeks, the last thing I want to do is have to pay for some deadbeats bills, too!

 

[Colinsmom]

I had this happen once with an eBay sale, and it took over 3 weeks to find out that the account had been closed. (Last time I took a personal check - so much for a 5 or 10 business day hold!)

All you can do is contact the buyer and try to work it out with them. In my case, the buyer sent a MO for the check plus my fees - I didn't 100% buy her story, but as long as I got my money, I was happy!

 

[rflorek]

I had a check bounce on an eBay sale 3 years ago - the $12 check cost me an additional $30, and it took 8 weeks for the bank to notify me. I never could reach the seller, so I was out the money.

I stopped accepting checks after that.

Good luck with your situation.

 

[jessica52877]

Had a $12 check bounce, $5 fee. Ebay thing. Last check I ever took too. It was over 2 months before I got it back.

Our check back from closing on our house also bounced, took over 2 months also. They then wired the money, costing me MORE money. I had no idea there was a fee with it, they just said they would do that.

 

[AmyinKY]

Call the Dirstric Attorney in your county for advise. If the writer of the bad check is local, a bench warrant can be issued for them. If the person is not local, and the address on the check is current, call the district attorney in the county they reside in and have them issue a bench warrant for them. This only helps if they are stopped for speeding, car wreck, etc. The officer will take them to jail and they can not post bail until the check and any fees are paid in full. ( Can you tell we used to be small business owners?) Good luck.
Amy

 

[Adi12982]

Hope you can find the answer -

I agree with calling the DA and see if they can help on their end. . .

Did you sell on eBay - if you did you can file a dispute there.

 

[bumbershoot]

A former roommate did that to me once. And we have the same bank...you'd think they could have told much faster!!!

Good luck!

 

[kellia]

Thanks, everyone. I am definately not taking any more checks on Ebay, that's for sure.

This actually was for a car we sold via Craigslist. This woman bought it for $600, she only had $500 in cash so dh stupidly took $100 check for the rest of it. He found her phone number and called her, she said she wasn't paying him because the clutch went out after a month. Oh, come on! It was a 1989 for $600, she signed an 'As Is' receipt, and she was mad and said she is going to sue us because it broke after a month of her driving it to work, she works 50 miles away! If she drove it 100 miles a day for a month, it couldn't have been that bad, not to mention I'm not sure it actually broke and if it did, I am sorry, but not my fault it was working when we had it. Besides, she wrote a check from a closed account, she sure knew that long before the car supposedly broke!

So, I will have dh look into the DA ... SIGH......

 

[Chloesmom]

Call their bank and get a date of when the account was closed. If the account was closed when they wrote it then its a crime and then I would call the police and let them handle it.I believe its called theft by deception. I own my own business adn have run into this alot. I no longer take any checks because of problems like this. If the account was closed after they wrote it then probably about all you can do is try small claims court. Oh.. and the bank may not tell you the date the account was closed but they should tell you if it was open or closed on the date it was written. Hmm.. I have to also wonder about contacting the BMV since the title of the car is at this point stolen. They did not pay you the agreed amount. Wouldnt hurt to just make a phone call. How close is this person to you? Depending on your local police and their willingness to help you may get one of them to go to her house and try to collect. I have had this happena few times but my understanding is that they dont have to try this but sometimes they do.
I HATE people who write bad checks. Good luck and keep us posted.

 

[DarthKTrava]

Ebay's dispute section is a load of crock. I had to file with them and never heard back from them regarding a seller I'd bought stuff from and paid by convenience check from my credit card and never got. CC company couldn't do anything as it was by a convenience check...

When I sell stuff, I don't accept checks. Purely because I don't want my personal banking info that I have to put on them going back to total strangers that may or may not use that for nefarious purposes.

As for the car itself, I don't think they have a leg to stand on since they signed that "as is receipt".

 

[tooh8ful]

I am a deputy prosecutor and I would definately make a police report in your county. When we get bad checks we make several attempts to contact the person (a lot of the time the threat of criminal prosecution causes them to pay the check(s)). If they don't make restitution we file charges, check deception as a class A misdemeanor if it is just a "bad" check and Theft as a class D Felony if it was written on a closed account as in your case. You would be amazed how many times otherwise unwilling defendants come up with the cash!
You likely won't be able to collect any of the fees your bank has charged you, but you will get your $100 and the satisfaction of knowing this woman didn't just rip you off. BTW, I agree that her signature on an "asis" bill of sale ends the discussion for her.

 

[rtrtx2]

Also check with you bank in regard as to how long it took to be returned to you. Under the UCC (uniform commercial code) a check that is being dishonored must be returned by the bank it is drawn on by midnight of the next business day from when it was presented to them for payment. Typically a normal check should not take three weeks, however in the process of going from your bank to the bank the check is drawn on, things can and do go wrong, thus causing processing delays. I suggest contacting your back and asking why it took so long, via their adjustments department they can file a late return claim if the check is ver a certain dollar amount, unfortunatey I believe it may be $100, however they may be able to do a case without entry.

 

[kellia]

Thanks, everyone! Dh called the DA and we had a cop at our house in under 10 minutes! (Benefits to living in a small town and dh being on the fire dept, I guess!) I got the cancelled check from the bank today after paying them the $120, and actually it was THREE MONTHS and a couple days since we put it in the bank. How ridiculous is that?? At the bank, all they could say is they just got it back and it sometimes takes that long for them to know. Geez, I know any time I've had a minor slip up with my account, they let me know about it pretty darn quick!

So, I am hoping that this will scare the $100 out of her quickly, that is about 1/3 of one of my school books I need to buy soon! I really appreciate all of your help!

 

[feedindy]

You may also be able to talk to a manager at your bank about the $20 fee they have charged. Since it took so long to get back to you, they may be willing to waive that as a customer courtesy. It never hurts to ask.

 

[StampMom]

I agree about talking to your bank about waiving the fee -- can't hurt to ask. (And/or you may want to ask the DA whether you can tack that fee onto the amount you are due from the check-writer.) Keep us posted on what happens -- hopefully she'll come up with the $$ when a cop shows up at her door!