am i just screwed?
 

so back in february (did i spell that right?) i sold this guy some subs and an amp because i didnt think i would ever put them in my svx. i drove 45 min to meet him and it took him like 3 hours to decide that he would by them. he didnt have cash and it was saturday afternoon. he had a check and i took it because he assured me it would clear and i had his info (address, phone #, DL #) and also i didnt want to drive another 45 min to get cash on monday from him, and i just wanted to sell them, they were taking up space and i wasnt getting any other hits but his. well i made a bad mistake.

i put the check in the bank, it didnt go through, i called him and he said he had money in there so i had my bank run it again, and still it didnt go through. the bank refused to do it again. i got the check and went directly to his bank to cash it. they wouldnt do it because he didnt have enough $. i told them to over draw his account as that is what my bank would do if i was to spend $ i didnt have. they said his account was already too far over drawn. ive been going there for the past few months trying to get my $ (110) and last time i went the lady tells me that i will never get the money, she cant say why, but im sure they closed his account. i tried calling him the entire time, he wont respond. am i screwed or is there something i can do? i really dont care if i get the money, i just want my speakers back at least and i wanna kick the guy in the balls. this is a lesson to me i guess and if i dont get my $ oh well, ive been out of it for the past few months anyway but i figured if there was something i could do then i would try it. by the way, i dont know his real address, the one on his check was his moms, who i talked to and told her to have him call me. hes freakin 27 years old and is totally immature. he has everyone else talk for him and cant stand up to what he does. please dont be like this!

im sure this is common sense not to take a check from a stranger, but please, let this be a warning, just dont do it unless the funds clear and everything is ok, dont take a check.

It's check fraud and even though it's only $110, there's certainly something you can do about it! I'm sure others can elaborate on what process you can take in getting your money.

Hard lesson to learn, but I bet you don't do that again. :o Sorry to hear it. :(

you should have some legal recourse, but kicking him in the balls would be more satisfying. :D
Since you have his moms info you could pay her a visit and persuade her to either pay you or leave him a message of sorts at her house. Success could be based upon how nice you want to be or how smooth you are.
Maybe you should kick his mom in the balls.:lol:

The terms that come to mind are "Uttering", "Theft Scheme", "Kiting" and theft by scheme. All of which are against the law!! Take the check to the Sheriff, press charges and ruin his day!! MOst states allow you to 'recover' the amount of the check and any expences that you incured as a result of the theft.

IF you kick him or her in the balls, you will feel better, but they will find some bottom feeder liar/lawyer that will sue YOU for 'pain and suffering' and loss of 'Consortiom' when he can't get it up to bang his welfare recipient ho!

IF you go back to 'mom's', you could be charged with harassment or stalking, so just send the Sheriff!!

PS,, GET MONEY next time!!

so i feel a little better. i called him just a few minutes ago and he actually answered. i think its because he forgot my number since i havent called him from my house in a long time. he acted like he didnt know me and that his cell phone was cutting out (haha, thats the oldest trick). i started off saying i was just calling to inform him that im going to be pressing charges (his bank told me to) and then all the sudden he could hear me loud and clear. i told him what was up and that its been almost 3 months now. i acted like i didnt even care about the $ or the speakers, i acted like i was just set on getting him in some trouble. it ended with him telling me he will give me the stuff back or the money (he is claiming the amp is blown, it has worked flawlessly for me for 3 years!!!!) im just going to take the money i think. its still not over yet, not until the money is in my hand or the speakers are in my trunk. i scared the $h!t out of him i can tell you that. haha its funny how an 18 year old has more sense than someone 10 years older. so supposedly he is going "away" for a few days and we are going to meet up when he gets back either the 4th or 5th. hes driving to me this time. if he doesnt ill just tell him im going to procede with filing a report against him which will give him a warrant for his arrest! (which somehow he knew would happen? fishy)

from what it sounded like with his knowledge of the charges and all that i think this has happened to him before. he says hes honest and he would never write someone a bad check but i highly doubt that. he has had to have been in this situation before. im just not going to back down now.

his excuse is that he sold his car for 5k and the guy wrote HIM a bad check so his bank account was -5k (which doesnt make sense, he had to have spent all that money before, but he says he didnt) the bank then told him he could close his account, and i guess just let him get away with 5k in debt? haha whatever. i guess we will see what happens in a week or so. ill let everyone know! haha

You can definitely get your money back, not quite sure how(or who to) to file a report. My brother owned a business with his dad, and a few months after his dad filed bankruptcy and the bar closed, my bro found out a few checks from the business were bad. He was arrested and in jail for a few days, then I bailed him out and he had a few months to pay back EVERYbody he owed, or he would go back to jail.

i think that this may be a better alternative. would i have to go to court? he was trying to scare me by saying if i took him to court then he would have to take me to court after. and what do you mean "recover"? how would i get that money? does he have to pay for it somehow and would it be instant?

You might have to go to court, but all costs would go to HIM! The Judge would award you the claim, and he would be given a short amount of time to pay. If he didn't pay (here), he would have a warrent issued so he could tell the Judge why he didn't pay. If he doesn't pay, a 'judgment' is filed at the courthouse, and his credit report is trashed untill you get your money and the fees are paid to the courts to take it off.
Laws are different, but the system works the same. I am giving you what WE do in Redneck-ville, since we don't just shoot the ba$tard$ anymore!
I've bought houses and cars on a 'handshake' deal! (with good results) and bought stuff with a 'contract' and gotten SCREWED!

Criminals are criminal, honest men are honest.
In MY world, if a man is as good as his word, you can trust him with anything. If his WORD is no good, he's a criminal!! BUST him!!
A bad check that doesn't go through on the second try is theft.

Whatever you don't give him your address. Meet him in a public location where he can't pull anything and bring your biggest friend with you. Threatening someone who does shaddy things can be bad for your health.
Just some advice from someone who has been there before.

I second that.
And as for the "I'm going away for a few days, I'll get you the $$ when I come back"...I'd have said meet me today with the $$ or tomorrow I'm going to the Sheriff. He's got the cash to go on a trip or whatever, but you wait 3 months, and now you're letting him call the shots again. Call back, get the money before he goes or go to the Sheriff tomorrow. He's just playing you for more time. Just my opinion, but I've been there, done that.

writing a check on a closed account is instant "silver braclets"

It will get you face on the front page of our local paper!!
( MOST WANTED) Uttering, etc!!

I close a business location in 1985. I made copies of all the bad checks and unpaid bills and covered the front picture window with them. I 'thanked' them for the lessons I learned on the subject of 'Human Nature'!!

Since then, I have had 2 checks that I couldn't collect on. 1 guy was dying and got one into me before he checked out. ( I missed the add in the paper where I could have charged his estate). The other one is the new WARDEN at the local Super-max prison. I am about to ask HIM about the rubber check he gave me 20 years ago!! $275. (cost ME over $350.!!) 24 years interest.... I JUST found the puke!! The statute of limitations is 2.5 years on money. BUT I still have the check, so I guess I could spread a few around town......
HOW about THAT!!!?? The INmates are RUNNING the assylum!!

yeah, i definitely wont tell him where i live! i was thinking about telling him to mail me the $ but that would involve me giving him my address..... although my parents thought i would be ok...... we have the "make my day" law here in CO!!! haha. ill probably meet him at the local walmart though, with a FEW friends haha.