Sad Situation Indeed!

I think the door has been left open. There is enough differing opinion to keep this guys reputation safe. Let's see what happens in the days to come...

 

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Yes, writing a bad check is considered a crime and if not resolved, can result in civil or criminal prosecution with the deciding factor being the amount of the check and laws.

http://en.wikipedia.org/wiki/Non-sufficient_funds

 

IDAIR: All the facts were presented. I'm the "victim" here and not the party who did something wrongful. As for making a wholehearted attempt at contacting him, I did what I felt was appropriate and in a friendly and professional approach. Just to clear something up here with you, I never said I did not attempt to contact him by phone. The fact is, I did! I have the proof with both my telephone carrier logs as well as my own internal computer log.
The fact is, The number provided me, by the guilty party, was not answered after 24 rings and no answering device gave an option to leave a message. At the risk of perhaps a technical trouble with the number provided, I called his local information to check and see if perhaps there was another number provided for him, by name and by address......There is no listing for him.

The proof of those attempts at contact can be documented, and they are logged as having taken place 4 Days before this post was written.

I thought hard about any unwritten responsibility I owed my fellow CT members, and came to the conclusion for the benefit of all, I needed to bring this situation forward, and waited for final approval to state the ID member name from CT before posting it.

The fact is, I'm the victim here, not the party guilty of wrongdoing.

I hope once again he is well, and that he will respond. If It were in my nature, but it isn't, The fact is, the last person I would act "unprofessional" with would be a "fellow Veteran".

Tom.

P.S. I almost forgot , having to defend myself...... The fact is, my attorney also attempted contact at the number provided by the subject of this disscusion, NO ANSWER. So in closing, it seems Sir, you have misspoke, without acknowledging all THE FACTS.

 

Larry:
Sorry to disagree.

As a small businessperson, I have received NG checks in the past.
The only one that I have accepted as a valid excuse was from the client who showed up at my door, with a 'gift bottle' in hand, the cash to replace the check and funds to cover the overdraft.
And this was done before I received the notice that his check had bounced. I feel that it was truly an error.

Sure, folks are able to make mistakes, no one is perfect. However, why not own up.

To make a mistake is one thing, however, it is the buyer's responsibility to make good.
Not the seller's, who is already out the item and his funds. Plus the bank charges.

You state that he should have done this, that and every other thing before acting (posting here).

Hey, guys, it is not his fault that the buyer's check bounced! And where is the buyer?

AWOL.

Don't shoot the messenger.

[PS perhaps he moved in with DAK?]

 

You are a class act.

 

You are 100% correct.

 

In many jurisdictions, a Bad Check Restitution Program exists that allows recipients of bad checks to collect the funds from the local district attorney's office, regardless of the amount. An agency run by the district attorney will pursue the writer of the check by attempting to collect the funds in exchange for avoiding criminal prosecution. The check writer will be responsible to cover the amount of the check, plus all fees to which the recipient is legally entitled, plus a program fee. The writer will also be required to take a course designed to improve check writing habits.

 

I wonder what that's like

 

I don't know bill, I have never had to participate in one, ever!

 

I'm joining in here a little late. I feel very bad you are out so much money, I know it would hurt me. But, not to be the bad guy, how many people here would really trust a member with only 5 posts to there credit. This is a great forum with great members, but let's face facts, people can swoop in from anywhere.

 

That is very true. Call me foolish, but the way I approach people in general, is that your are a friend and worthy of my trust in your word, until you prove otherwise. I can't live my life thinking I'm the only trustworthy person on this planet, I would leave!!!

 

If more posts means more trustworthy I guess I'd better get busy...

 

stop bill, your making me fill my "bladder" bag ! just joking.

 

These post had me thinking something different. Now you say you did try the phone.
Thanks for clearing that up.

You are correct. I have never been very good at acknowledging facts that I don't know and that have never been posted. All I knew was what you did post and it did not include this new information. Again, thanks for clearing this up.
It would have been helpful if you had offered this new information when myself and others ask you to just pick up the phone and call the guy.
I actually hope this all works out for you and I agree you are the victim.

 

Not saying you are more trusworthy, just that it takes a while to get to know someone. Would you accept a check from an ebayer with zero feedback?

Sometimes I am overtrustworthy myself, but you have to be carefull sometimes.

 

Larry, the point I was making was simply that it was not my responsibility to personally call him, I stated that time and time again, though I did prior to your suggestion, four days to be exact. What if anything I do, or don't do personally, is up to my discretion, and I reserve the right to make those decisions, and in no way suffer anyones verbal discontent for not doing what they think the responsible thing to do is.
To further pursue an attempt to contact him, from a legal standpoint, I had my attorney do so. I need not pursue the matter on a personal level aside from my legal representation.

Again, i'll hope that nothing ill-fated has happened to him, and that he contact either me directly or upon notice from his local DA office.

BTW: The Fact is, I had not contacted him by telephone, as I had previously stated, a few times.

Thanks for the good thoughts . I hope all the way around this works amicably.

 

I have been following this post but keeping my opinion to myself. However, I think it is time to give my 2¢...

Coinman - I do believe you were too trusting. I would not have shipped anything prior to the check clearing. While I would like to think that the majority of people are honest and trust worthy, one worm can ruin the bushel... This is a lesson, painful, but one you shall retain.

Buyer - Unless you have passed away, there is no reason for not addressing this. This post has been active for some time now. That time added to the time preceding this post is more than enough for you to have reached out and addressed the issue - it is more than enough for you to have resolved the issue.

My opinions on some of the posts here:

I agree that life happens and certain things, like death of a loved one, can interrupt ones day-to-day activities and cause people to overlook many many things. However, speaking from experience, I cannot see how one can overlook things for this long. I may not address everything, but, I am going to check my mail and my bank account and have a good sense of what is happing in my world. If I cannot, someone would be doing so for me. In doing either the buyer (or their “agent”) would surely see that the check did not clear and should certainly contact the seller - even if it is a short email saying something has come up and I will correct this soon.

As to what action the seller should take. Well, I have personally never written a bad check; however, I did have checks stolen and was able to transfer all of the money out before some of them were cashed. On those that were returned I can tell you that I didn't receive any calls (and my number was on the check) and I did receive notice that the checks would be turned in to the DA's office if not immediately resolved. In fact, I received notices from both the merchants and my bank, even though my bank knew the checks were stolen and had by that time closed the account and refunded me the money on the checks that were paid.

So, IMO, the seller should attempt to contact the buyer by whatever means he deems appropriate, be it email, mail, telephone, smoke signals, carrier pigeons, etc…, and then go to the DA. I personally would not call simply because I don’t want to hear "threats" to pay. If it is truly an error or catastrophic event that has caused the NSF then I feel confident the buyer would contact me. Further, even if I had already turned it over to the DA and they had begun prosecuting it, I would be able to stop it at any time prior to it going before a judge. To me, this would simply prod the buyer and afford me a little extra protection.

Lastly as to some of the responses here:

The way I read these posts, coinman originally posted with two ideas in mind: 1) Attempt to prod the buyer into responding; and, 2) get feedback from the forum members as to how he should progress (including sharing the identity of the buyer to prevent further incidents).

To a large degree, I think that coinman has accomplished the second objective. However, I think that some of the feedback here is too much. I certainly understand each person is entitled to their own opinion; however, some of the negative remarks directed towards coinman are, IMO, unfounded and inappropriate. While I think the core of those opinions may have been appropriate, some folks are, IMO, allowing their personal beliefs to affect their verbiage too much thus leading to what I consider borderline attacks. I believe this is also true, to a far lesser degree, in some of the commentary directed to the buyer.

I don’t believe that the comments I perceive to be borderline attacks were intended as such. And, I am not trying to spark an ongoing battle about it. Moreover, my point is, please think about what you are saying and how it may be perceived. Even in tense conversations I think people can share differing opinions without bordering on insult.

Again, just my 2¢.

Jmon

 

JMON: I truly appreciate your observations and well constructed opinion. I hold no ill-feeling toward anyone, as I do try to temper my post's and replies with a gentle appropriate tone. Sometimes, we all let out that "rascal-brat" to play.
I stated it before, and I'll say again, if the man in our first meeting, simply said, "I'd like to have it, but I can't afford it right now"...I would have sent it to him anyway, With no strings attached. In his e-mail to me and response about the item, I even let him set the price.
Again, Thank you.

Regards, Tom

 

Looks like you have it all under control Tom.
I wish you the best.

 

Tom,

Don't take this the wrong way, but don't you think it would be more fiscally responsible to keep enough money in your account so that a $40 bounced check won't overdraft your account?