Sad Situation Indeed!

My point is this - from what I'm reading in the thread it sounds like you haven't even tried to get in touch with him to let him know. Maybe he doesn't know the check bounced, and before you go with the attorney it is YOUR responsibility to try to contact him.
Around here a attorney wouldn't even touch this case unless you have proof that you have notified him of the check being bad, and that you still haven't recieved payment.
A letter sent by USPS that was signed when he picked it up is normally what they would want around here...

Tom, you are going to do what you feel is right - and I'm not one to stand up and say that you are wrong, heck, you are out the money. But I would say that if you don't even try to contact the guy by phone and by email, then you must not be missing the money very much, and just like to get in a fight.
I'm sure if the detailed were turned and you sent me a check and it bounced you would want me to get in touch with you ASAP so you would know. Yes, I could have my lawery sent you a note overnight and say that we would see you in court, but what good would it do if you didn't know first that the check was bad. It would just make you mad that I didn't at least give you a chance to make good.

Unless your lawyer is a very good friend, he will most likely charge you for the letter - lets say maybe $65. So now besides the $140 you are out an extra $65. For someone who is broke, I would say a phone call and an email are ALOT cheaper, and they may fix the problem.

Just my 2 cents -

Speedy

edited to add - if you do call, make the call like a PR person would. Carry on small talk first and don't jump right up to cut his neck.

 

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I have tried to contact him by e-mail , he had contact from me, when he received the shipped item, and I don't quite buy into " he may not even know he check bounced" scenario. The check was written on an account which did not have sufficient funds to cover that amount, on the day it was written, according to his bank. Any direct discussion with him at this point, will only produce at best, a promise to make good on the debt. If that is what his true intentions are, he need not to speak to me, just do it. I have sent him detailed information regarding the total of NSF fees plus shipping and the original cost of the item ($40.00). If anyone will attempt to call him on my behalf from this point forward they will either be my attorney or my local DA. I need to stay out of it. BTW my attorney representation, is provided to me at no cost, so why not let her handle it.

 

It's hard to pick up the phone and call someone that has treated you wrong but it's actually the best way to put the situation behind you.
He may not have email or even a home the way things are going for many folks today.
I use email first, the phone second and a letter third. My last choice is the legal system.
Lawyers can be free but I must pay the court cost up front and hope to get it back in the end. The bad check laws can help but with two states involved and the amount of loss it's probably not a fun thing to have to deal with.

 

I have absolutely no intention of bringing this situation to court. The legal letters , are to act as a firm reminder of his responsibility. I am keenly aware of how things, in a blink of an eye, can go swirling out of control for folks, as is with the impact this situation has caused me, and perhaps what initiated this broken wheel. Having said that, it would have had a far less negative impact, had the buyer simply been upfront with me, but that was not the case. It is each of our responsibility to make certain our bank accounts are sufficient to cover checks written. He has a responsibility to me, not the other way around. That seems to be a big misunderstanding or deliberate oversight by irresponsible individuals. There is a solution to every problem, it's his to propose his, and not for me to solicit. If he truly is honorable, he will eventually contact me, albeit a little prodding may be required. Rest assured, if and when that happens, just as I made notification to CT members of this situation, I will too of his albeit late acknowledgement , but also of any wholehearted attempt to make things right.

Forgive me if I seem to be reluctant to contact him by telephone after numerous e-mails, with no reply. If his computer crashed , as it very well may have, or his services cutoff, I'm certain he can find alternative services to respond. I simply expect him to pick up those pieces and take action he knows already is required.

There are those that say, well he may be embarrassed. Rightly so, but that is also no excuse for not taking responsibility for his shortcoming, it's not mine to push him into action with a telephone call. A polite but strong written reminder will suffice and be more effective. Just as the banks do, when and if any of you have had the experience of an overdraft on your bank account.

When and if he feels strong enough, to put pride aside, perhaps he will contact me.
I sincerely do appreciate all your suggestions, and I have taken full consideration of them. First, lets hope the man is physically ok, the rest can be worked out. But he has to reach out to me, not the other way around.

Thanks for all your support and guidance.

Tom.

 

I can't help that - but I will say that it is very possible. All of my notices that I get from the bank come via email - if I forget my password that means I can't even read the notice because it is all password protected.
I rarely write a check so there is very little reason for me to even check the monthly statement, but I always do. They also don't send out a notice of a bounced check until sometime later.

so here is the question:

How do you know?

Speedy

 

Hi there,

Your attempting to have me provide additional detailed information than I am willing to make public at this time. Your simply going to have to take me, at my word or not. But I hope that does suffice, for us both.

 

It seems to me that a man's word ought to mean something, like it used to. If the other fellow has something personal going then he should contact coinman0456 immediately and explain it, hiding only makes him look guilty. This needs to be put right and coinman0456 should be reimbursed for his trouble. I couldn't live with myself if I did something like this to someone.

 

"It is easier for a camel to pass through the eye of a needle, than for a rich man to enter the Kingdom of Heaven" - Christ

 

and neither could I. Thanks.

 

I'd suggest sending a message through the forum (as well as a letter), alerting him to the situation and this thread, on the extremely slim chance that he is unaware or incapacitated. Heck, I almost sent a message, myself but decided not to.

 

Forgive me if I seem to be reluctant to contact him by telephone after numerous e-mails, with no reply. If his computer crashed , as it very well may have, or his services cutoff, I'm certain he can find alternative services to respond. I simply expect him to pick up those pieces and take action he knows already is required.

 

haha. well thanks Mark

 

Maybe thats what all need to do, send him an e-mail requesting his response to urge him to not totally demolish any honor or integrity of being a part of this membership infers.

 

Please don't overlook the FACT, that because of this "unfortunate occurrence" , my bank account was pushed to an overdraft or NSF status' to which I needed to quickly respond and explain to my creditor the reason for that. It was embarrassing, but I had to do it, and quickly. Fortunately, for both them and I, I was able to bring my account into a positive, before a second presentation of my check to their account was made in overdraft status. I was however charged a 15.00 fee against my account, for the bank not returning the item unpaid, and simply charged back to payment against uncollected funds. My account is finally current and in a positive status.

 

Please don't do this at this point.
When the man joined he posted this.

He has not been here in about 12 days now but has a website for his ranch with a phone number. I may be a sucker but this just don't sound like someone looking to rip someone else over $40.

Until he has been contacted by phone, mail, or some other way, I feel he has been insulted enough. The man has been insulted over and over again.
This should stop till some other effort is made to contact him.
Sure he should be the one to make contact but he may not be able to.

 

as ldhair said, I too believe from the alleged age and demeanor of someone who is medically discharged, owns a ranch and dabbles in cigars and coins, doesn't sound like a grifter.

Perhaps theres a very bad situation in which a loved one passed and all else is put aside when that happens.

Its happened to me many time in the past month, like an ad on craigs list was answered the guy 'wanted' what I had, (a 16-track mixer), and sounded like he was ready to run over and grab it before anyone else. Well 3 hours later, someone in his family had passed away and he left on the next plane.

Its happened in web design with projects, its happened with my roomate yesterday. His Mom passed away and BAM he's on a plane the next morning.

These financial times may make some take the low road to integrety but it also weakens the good ones and their health. I say let a month go by and look into it some more afterwards, perhaps with a call to the number at the ranch. God forbid but people do die.

My .02 ...

RAD

 

I agree. What has been done, has been done. What should be done on my part, has been done. I too think enough has been said.

 

I've told more than a few, I shall not pursue this matter any further, except for the letters that will be mailed this coming week. Thats enough. If I should get a response, I'll be certain to appraise our CT members, to at least communication has been re-established. I hope he is well too. We are both Disabled Vets.

 

Sorry coinman, you did not do your part before trashing the man.
A few emails is a poor effort trying to contact someone.
This thread should have waited till you had all the facts.
It's my understanding it's against the rules to insult other members here and it don't matter who is right or wrong.
I gave you the guys phone number and you have his address.
You chose not to use that information before trashing him here.

 

ldhair, I think the main thing that should not be overlooked is the fact that a check written for $40 came back "insufficient funds". Speculation one way or the other on the individuals current situation still leaves the big question mark on writing a bad check.