PLEASE! Don't do business with Annamalyssa!!!

[Lexismom09]

If she op found the item thru a member here then isn't this where she should bring her issues? I guess I don't understand people saying this should be done in private and not in a thread?

[KimberlySRN]

Originally Posted by DvlshAngel985

From the link you posted:
1. [§ 1] Claim for Statutory Penalty

Under California's Bad Check Law1, a person who has written a check to another person or business can be required to pay the amount of the check and either a statutory service charge or a statutory penalty if the check is returned by the bank due to insufficient funds. The person who wrote the check is called the "drawer" and the person or business who accepted the check is called the "payee."

More particularly, the Bad Check Law states that the drawer must pay to the payee the following amounts:

(a) the face amount of the check, plus a statutory service charge; or, if the drawer does not pay this total in full, then --

(b) upon the payee's proper written demand for payment, the face amount of the check, plus a statutory service charge, plus the costs to mail the demand for payment; or, if the drawer does not pay this total in full within 30 days, then --

(c) if the payee has made a proper written demand for payment, and the drawer has not paid to the payee, within 30 days of the demand, the total at (b), then --

(i) the face amount of the check, plus

(ii) a statutory penalty of three times the face amount of the check, but not less than $100 nor more than $1,500.2

This is written on the second letter they wrote to me, and it hasn't been 30 days since they have contacted me or attempted to cash the check. Is the link you posted an explanation of California Uniform Commercial Code 3302, and 3305? Because those are the ones they said that protect them, "an innocent third party."

This law is specific to a check returned by the bank due to insufficient funds.

[emilyann]

It kills me, KILLS ME... when I see a post like this here on YT and people defend the seller!

I apologize in advance if this offends anyone but hello! You CHOOSE to run a business, your personal life should NOT come into play with your BUSINESS. Yes, things happen but to use that as an excuse to why you couldn't provide merchandise to a customer or contact your customer is NUTS. If you don't know how to balance out the both of them and stay in contact with your customers then you don't need to be selling in the first place!

I'm sorry but it takes VERY little time to respond to a message or e-mail. If you can sit there and type up messages to a friend then IN MY OPINION you can take the time to e-mail/message your CUSTOMERS yourself. Especially when you have their money and they don't have what they paid for.

Hopefully this is a lesson learned to everyone involved. To the OP, I hope everything is resolved in your favor and I'm sure you will use this as a lesson learned to not use money orders or personal checks as payment to a seller... as sad as that may be.

[Mom to Hot Rod]

Originally Posted by DvlshAngel985

I spoke to the bank in person and they said no worries there, a stop payment is a stop payment and they will not get one cent from my account. The check is no good and that is that.
Free law center... I will have to look into that.

You need to make certain of this. I once put a stop payment on a check a lot of years ago and found out from the bank that after six months, a check can be presented again and it may get thru. Now this was 20 years ago so maybe things are more up to date but I would not chance it going thru. Talk with your bank and make sure you speak with someone who knows what they are talking about.

[lovmyyorkie]

Whatever the banks rules are they should have them in writing, so go on line and see if you can find it to be save.

I thought that after 6 months if a check is not cashed it is No good anymore and the bank is not suppose to honor it?

[Mom to Hot Rod]

Originally Posted by lovmyyorkie

Whatever the banks rules are they should have them in writing, so go on line and see if you can find it to be save.

I thought that after 6 months if a check is not cashed it is No good anymore and the bank is not suppose to honor it?

I think personal checks are good for 1 year and business checks are good for 6 months. I don't work at a bank so don't take this for absolute.

[Sweetlips6]

Originally Posted by Mom to Hot Rod

You need to make certain of this. I once put a stop payment on a check a lot of years ago and found out from the bank that after six months, a check can be presented again and it may get thru. Now this was 20 years ago so maybe things are more up to date but I would not chance it going thru. Talk with your bank and make sure you speak with someone who knows what they are talking about.

It has been a couple of years since I left the banking industry, but yes a stop payment WAS only good for 6 months. I had forgotten that.
But is a check stale-dated after a certain time? (meaning it can't be cashed so many months after the check was dated/written) Use to be, does that rule still apply?

[RDB911]

FYI: I was talking to a member from a Maltese forum who signed up here on YT to receive a deal on a Kwigy-Bo bag from the YT member that's now been BANNED. She has been waiting 2 month and still doesn't have her bag and her check has already been cashed.

As a vendor checks should only be cashed once the product is in hand and ready to ship to the customer.

Also, as a vendor (big or small) we do have personal problem as well but that’s no excuse to leave customer without products and money. If I'm out of a product I refund the money ASAP through PayPal’s, send an email or even try to call the customer to inform them about the out of stock item.

IMO…It seems she was always out of product and still taking money for the same items.

Sorry OP that you have to deal with something that the BANNED member should be dealing with.

Keep us posted!

[DvlshAngel985]

Originally Posted by RDB911

FYI: I was talking to a member from a Maltese forum who signed up here on YT to receive a deal on a Kwigy-Bo bag from the YT member that's now been BANNED. She has been waiting 2 month and still doesn't have her bag and her check has already been cashed.

As a vendor checks should only be cashed once the product is in hand and ready to ship to the customer.

Also, as a vendor (big or small) we do have personal problem as well but that’s no excuse to leave customer without products and money. If I'm out of a product I refund the money ASAP through PayPal’s, send an email or even try to call the customer to inform them about the out of stock item.

IMO…It seems she was always out of product and still taking money for the same items.

Sorry OP that you have to deal with something that the BANNED member should be dealing with.

Keep us posted!

I will post as things develope if anyone cares to read, but as of now I have a friend looking into this. My roomie's ex-fiance has taken it upon himself to do a full on investigation. He was a police officer that dealt with check fraud and check cashing places all the time so he thinks he can get this straightened out.

RBD911 I keep forgetting to post a thank you thread! Kaji has been loving his new carrier for what, 3 weeks?? I can't thank you enough. He feels so safe and secure in his little carrier. LOVE IT!!!!

[maddieadoptedme]

im not sure what the laws are from state to state, however i manage a couple of those check places. when a customer comes into cash a check they sign a application and on it stating they are responsible for the check if it goes bad (the person cashing the check) 2nd. it was the companies responsibility to verify the check, had they have done that they would have known there was a stop payment put on it. i dont care if a person has been here 100 times it should be verified. i think they just maybe trying to get you to pay since they cant get ahold of her and there only other option is to try to get you to pay. i know that if it was our company it would be my fault and basically the company would have to "eat" the loss.

[maddieadoptedme]

and yes in nebraska a check is only good for 6 months--and thats also the length of time a stop payment is good. but like i said this applies to nebraska

[DvlshAngel985]

Originally Posted by maddieadoptedme

im not sure what the laws are from state to state, however i manage a couple of those check places. when a customer comes into cash a check they sign a application and on it stating they are responsible for the check if it goes bad (the person cashing the check) 2nd. it was the companies responsibility to verify the check, had they have done that they would have known there was a stop payment put on it. i dont care if a person has been here 100 times it should be verified. i think they just maybe trying to get you to pay since they cant get ahold of her and there only other option is to try to get you to pay. i know that if it was our company it would be my fault and basically the company would have to "eat" the loss.

Do you work at a check cashing place?

Update: Annamalyssa finally made contact with the check cashing place but then I received another phone call yesterday from the check cashing place saying that she has disappeared again. She promised to make payments over a week ago, but has gone MIA again. So.. they want something from me again.
My police friend is still investigating...

[Sweetlips6]

Don't talk to them anymore. If they call again, just tell them you will have your lawyer contact them

[maddieadoptedme]

Originally Posted by DvlshAngel985

Do you work at a check cashing place?

Update: Annamalyssa finally made contact with the check cashing place but then I received another phone call yesterday from the check cashing place saying that she has disappeared again. She promised to make payments over a week ago, but has gone MIA again. So.. they want something from me again.
My police friend is still investigating...

yes -i manage and work at 2 of our stores, going on 10 years now. i know that as a last resort we do try to get the person that "wrote the check" to pay if we cant get ahold of the person that cashed it. however it is a last ditch effort of hope to recover our money--again the customer that cashes the check is resposible-and the company is at fault for not verifying the check--granted the customer was a regular, however if they had not cashed a check from you in the past then it should have been verifed. bottom line --she knew the check had a stop payment on it and and knew she could cash it there since she was a regular-that in itself is not legal, the company itself is also responsible for not doing there job.
the lady you delt with was commiting a fraud by not giving you the item in question and then cahing your check when she knew it was no good.
i know in this state that if you sent payment vial mail and and didnt recieve your item of purchase it is also considered mail fraud.

[DvlshAngel985]

Originally Posted by maddieadoptedme

yes -i manage and work at 2 of our stores, going on 10 years now. i know that as a last resort we do try to get the person that "wrote the check" to pay if we cant get ahold of the person that cashed it. however it is a last ditch effort of hope to recover our money--again the customer that cashes the check is resposible-and the company is at fault for not verifying the check--granted the customer was a regular, however if they had not cashed a check from you in the past then it should have been verifed. bottom line --she knew the check had a stop payment on it and and knew she could cash it there since she was a regular-that in itself is not legal, the company itself is also responsible for not doing there job.
the lady you delt with was commiting a fraud by not giving you the item in question and then cahing your check when she knew it was no good.
i know in this state that if you sent payment vial mail and and didnt recieve your item of purchase it is also considered mail fraud.

Thank you so very much for your input. Finally an insider view!!! I do have a few questions if that's ok. What is considered common procedure when a person brings a check into their store? I understand the contract part but then do they call a bank to verify the check that is brought to the store? Do people then slack off when it's a "regular" that comes in? Is it common practice to threaten with thousands of dollars? Now that they have reached her and she has promised to make payments, isn't that like admiting fault? If so then why are they still pursuing me? I'm sorry if these are inappropriate questions but I'm still in a jam.