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ErrolEPhotography
8th of November 2009 (Sun), 12:31
Hello everyone, I was wondering if anyone can asst. me on my dilemma. I photographed a wedding and the bride wrote me two bad checks. The package she choose came up to 1,400. She gave me a deposit of 700.00. I put that in my bank. The wedding was a 2 weeks later. The day of the wedding she gave me 350 in cash, and 350 check. Of the 350 in cash, 300 went to the videographer I hired. The 350 check bounced.

I was wondering what can I do. Do I call the attor. General? She did give me a email saying her mother gave her a money order but canceled it. I don't really believe that. And also she hasn't got the product, but the time, fees, equipment. etc...

Or should I take this to small claims court.

Thanks for everything.

brit84
8th of November 2009 (Sun), 12:49
no product until paid for. Did the cheque for 700 bounce too?

Keep contacting and proceed to small claims if you cant get hold of her, the groom, the parents etc.

noxcuses1
8th of November 2009 (Sun), 12:52
eeesh! The nerve of some brides!

Do NOT give or display ANY of the photos from the wedding. Depending on where you live, there may be limits as to what amount you can sue for in small claims. If you have late payment penalties in your contract with the bride, I would add those fees too, as your services were not paid in full according to your contract.

Send her a certified letter with the total (including penalties), and give her a set number of days to pay her balance. If she doesn't respond and pay, then you have the proof that you attempted to contact her, then you can take the matter to court.
Oh, and I probably would contact the attorney general about her writing bad checks.

I would say your best avenue would be small claims court as it wouldn't be worth the hassle or cost to hire an attorney for that small (although significant) amount.

Good luck.

Dennis_Hammer
8th of November 2009 (Sun), 13:04
Better than that go to your local police department. Bounced checks are a crime. They will have something like a form letter that they will send to her demanding payment. Here in CT it's called an eight day later. When they receive it they have eight days to make good on the checks or criminal charges will be pressed. I have never had to have charges pressed after they have received the letter. Also only do this after you have contacted her and given her a chance to make good first.

TheHoff
8th of November 2009 (Sun), 13:06
if you cant get hold of her, the groom, the parents etc.

Not cool. No one is responsible for the debt except for the person who is on the contract. It is a low thing to do to start calling everyone related to them when there are steps you should first try -- keep calling her, stop by her house at dinner time, etc., then proceed to court.

asysin2leads
8th of November 2009 (Sun), 13:15
Not cool. No one is responsible for the debt except for the person who is on the contract. It is a low thing to do to start calling everyone related to them when there are steps you should first try -- keep calling her, stop by her house at dinner time, etc., then proceed to court.

I agree w/ Hoff. Don't start slandering her name because she wrote bad checks. It may have been an error on her part and not something intentional. Send her a certified letter to her house outlining the issue and what corrective action you seek. If (when) you go to court, they are going to want to know that you've done what you can do on your end. If she still doesn't make it right, then notify the authorities. Given the wedding sounds rather recent, she's still trying to settle into married life. Give her a little benefit of the doubt. I understand that you're torqued off. After all, it's your paycheck she's dealing w/ and I know how I get when someone messes w/ mine. Good luck.

noxcuses1
8th of November 2009 (Sun), 13:57
As a few posts state, do not attempt to contact any other person except for the person that signed the contract and is to pay you.

The other people are insignificant, and therefore should not be contacted (unless they also signed your contract).

Concretin Nik
8th of November 2009 (Sun), 14:05
Assuming the $700 check did not bounce. Simply don't deliver ANYTHING (including the video from YOUR videographer) until payment is made, and don't do any more work (post, prints, etc.). You've gotten $750 for the work you've done so far. And your vid guy got what he was expecting.

It's her wedding. She'll want those photos/video.

Don't sweat it yet.

LBaldwin
8th of November 2009 (Sun), 14:35
I have only retail experience in this area. But in many states passing a bad check can cost up to 3x the face value of the check. What I would do first is contact the DA in your area, you may not be the only one she wrote a bad check for. I second the letter requirement, you are in most states required to allow her to make good on the check. BUT since she has written you TWO I would contact her bank directly and ask to speak to the branch manager and see if it was just a snafu or does has she written this on a bogus or closed account.
Go ahead and start the small claims process in your town. Any delay can have an effect on your case if you wait too long. So have her served with the legal papers if the is ANY delay in her returning messages, notes letter or payment.

BTW it is not slander if you tell the truth when speaking to others about the situation. There is no expectation of privacy either. She may file a countersuit against you it is a common practice but judges see right through that. Also be prepared for her to badmouth your image quality, that is alsi normal.

Billo78
9th of November 2009 (Mon), 08:41
Assuming the $700 check did not bounce. Simply don't deliver ANYTHING (including the video from YOUR videographer) until payment is made, and don't do any more work (post, prints, etc.). You've gotten $750 for the work you've done so far. And your vid guy got what he was expecting.

It's her wedding. She'll want those photos/video.

Don't sweat it yet.

I agree. $750 for the shoot, $350 for the PP work. Don't do any PP till you've got the $350. She'll pay if she wants her photos.

No need to go over the top and threaten legal action IMO, she's probably just having some cash flow issues. Certainly make her aware that the cheque bounced and that she won't be seeing anything till you've received payment in full, but beyond that I wouldn't get too stressed over it.

As a side note you might want to change your terms of payment to require payment in full 4 weeks before the day of the wedding, gives you some leeway if payment is late, is 1 less thing for the bride to bring on the day and when it comes time for album design the couple won't feel like they've just paid you a bug chunk and are more likely to purchase additional pages / images.

LBaldwin
9th of November 2009 (Mon), 09:13
The reason I think that you need to start with legal action ( you can stop at any time) is that most banks have overdraft protection built into accounts. Even though she will take a fee hit, the check will he honored. So to me it is most likely that the account is empty or closed. In which case, there is a good chance of fraud.

Continue trying to get her to pay the tab in full and by bank check only ( no personal checks at this point).

I sure hope this get solved with as little trouble as possible.

TheHoff
9th of November 2009 (Mon), 09:17
BTW it is not slander if you tell the truth when speaking to others about the situation. There is no expectation of privacy either. She may file a countersuit against you it is a common practice but judges see right through that. Also be prepared for her to badmouth your image quality, that is alsi normal.

While it may not be slander to speak the truth about the situation to her relatives, I just think it is out of place when it doesn't sound like he has taken a few simple first steps. Some persistent phone calls (every day!) and stopping by once during dinner would probably be enough to prompt a response. Well, re-reading the thread, the OP hasn't been back and didn't really explain the steps he had already taken just that he hasn't been paid. I do agree that planning or starting your legal proceedings is a good idea even if you don't go forward immediately.

LBaldwin
9th of November 2009 (Mon), 09:24
While it may not be slander to speak the truth about the situation to her relatives, I just think it is out of place when it doesn't sound like he has taken a few simple first steps. Some persistent phone calls (every day!) and stopping by once during dinner would probably be enough to prompt a response. Well, re-reading the thread, the OP hasn't been back and didn't really explain the steps he had already taken just that he hasn't been paid. I do agree that planning or starting your legal proceedings is a good idea even if you don't go forward immediately.

I would love to beleive that your way, the polite way would work the first time. If it does than that would be gravey. Please understand that I was not trying to undercut your post either. Just a professional disagreement.

I have had a few friends that have had this issue and legal action was required in two of the 5 situations. In one the bride took the proofs and disappeared, and the other was a hefty tragedy, when the groom was injured badly during the honeymoon trip.

Take care,

Les

TheHoff
9th of November 2009 (Mon), 09:27
No worries, Les. I'm all about pressure and litigation when necessary! And I think we're all working with incomplete information, as we don't know what steps the OP has already taken.

ErrolEPhotography
9th of November 2009 (Mon), 10:38
I am in the process of making a letter. The wedding was oct. 18th the checks bounced. I am giving her to the first of Dec. to make due. She said she will pay me in last week, but never did. So if nothing, I will go to the police and file a claim. And to the poster at the top, yes two bounced checks. The 700 deposite and the 350 on the wedding day.

CosmoKid
9th of November 2009 (Mon), 11:10
I am in the process of making a letter. The wedding was oct. 18th the checks bounced. I am giving her to the first of Dec. to make due. She said she will pay me in last week, but never did. So if nothing, I will go to the police and file a claim. And to the poster at the top, yes two bounced checks. The 700 deposite and the 350 on the wedding day.


if after all this she promised payment and didn't pay you as well, I would go immediately to the police.

sapearl
9th of November 2009 (Mon), 11:36
Not only that, but it could be considered harrassment on your part which will only complicate and weaken your position.

And as others have suggested, best motivator for payment is usually witholding the product. Hold strong to the terms and conditions of your contract; you are in the right so long as you do that. Btw, how long ago did all of this happen? Are we still in a "reasonable period of time" in which blunders and or mistakes can be fixed on her part, or is this way beyond it?

You really do want to solve this with as little drama and aggravation as possible. Keep cool, stick to the facts, proceed in a reasonable and business-like manner. Hoping for the best though.

As a few posts state, do not attempt to contact any other person except for the person that signed the contract and is to pay you.

The other people are insignificant, and therefore should not be contacted (unless they also signed your contract).

PMode
9th of November 2009 (Mon), 11:44
I deal with NSF checks on a regular basis. We have a bad check program that is done by the county. You turn the check over to them and they send out a letter. The person has to pay the fine and the check. If not they get their drivers license suspended and the prosecutor may but never does file criminal action.
I simply send out a demand letter before I do I file a small claim action and add the demand letter to the case file. Send the letter out cetified mail and the next day send out the service certified mail. Small claims usually doesnt require a process server. Give the person the 20 days to pay in the demand since you have to give them 20 to respond to the summons. They may trash the demand letter but you got their attention. When the mail man shows up the next day with the summons they know your serious.

Charge them filing fee along with an NSF fee. Your NSF fee here has to be a certain dollar amount. If your a LICENSED businness you can charge more than your bank charged you. If not you can only charge what you paid.

Do NOT threaten to sue them unless you are absolutly sure you are going to.

LBaldwin
9th of November 2009 (Mon), 11:46
Yes but "harrasment" to collect a debt is not illegal. Otherwise, bill collectors would really nice people..
As long as he is contacting persons related to the bride (MIL), Mom etc, then he is just trying to get paid. If he says anything that is untrue, or slanderous then she has to file against him, when the judge sees the reason for his bill collection attempts she runs out of gas.

1. She owes the money.
2. She wrote not one but TWO bad checks - that is check fraud. A felony in many states.
3. She has refused to pay, by actions not words.
4. She contracted and signed the contract, binding the agreement.

In situations like this you distill out all of fluff, and extranous bits out, and get right down to the nitty gritty.

She has defrauded the OP, and refused to pay him. Questions?

Shootfilm
9th of November 2009 (Mon), 11:51
I deal with NSF checks on a regular basis. We have a bad check program that is done by the county. You turn the check over to them and they send out a letter. The person has to pay the fine and the check. If not they get their drivers license suspended and the prosecutor may but never does file criminal action.
I simply send out a demand letter before I do I file a small claim action and add the demand letter to the case file. Send the letter out cetified mail and the next day send out the service certified mail. Small claims usually doesnt require a process server. Give the person the 20 days to pay in the demand since you have to give them 20 to respond to the summons. They may trash the demand letter but you got their attention. When the mail man shows up the next day with the summons they know your serious.

Charge them filing fee along with an NSF fee. Your NSF fee here has to be a certain dollar amount. If your a LICENSED businness you can charge more than your bank charged you. If not you can only charge what you paid.

Do NOT threaten to sue them unless you are absolutly sure you are going to.

This is sound advice.

SF

Shootfilm
9th of November 2009 (Mon), 12:02
Yes but "harrasment" to collect a debt is not illegal. Otherwise, bill collectors would really nice people..
As long as he is contacting persons related to the bride (MIL), Mom etc, then he is just trying to get paid. If he says anything that is untrue, or slanderous then she has to file against him, when the judge sees the reason for his bill collection attempts she runs out of gas.

1. She owes the money.
2. She wrote not one but TWO bad checks - that is check fraud. A felony in many states.
3. She has refused to pay, by actions not words.
4. She contracted and signed the contract, binding the agreement.

In situations like this you distill out all of fluff, and extranous bits out, and get right down to the nitty gritty.

She has defrauded the OP, and refused to pay him. Questions?

This is not accurate. He cannot contact the mother for any reason other than to ask for a current address or phone number. He cannot say he is attempting to collect a debt or give details of the debt. He cannot threaten legal action unless he actually has intention to do so. He must file the action in a timely manor if he does threaten action. If he withholds any portion of his contract it is no longer criminal its civil breach of contract.

SF

ErrolEPhotography
9th of November 2009 (Mon), 13:40
Thanks so much for the feed back. I wrote a letter and going to get it certified by the Post Office. I'll give her till december. If not i'll just go to my local law inforcement. In my state it's illegal to give a bounce check.

LBaldwin
9th of November 2009 (Mon), 13:43
Sure he can. He can call anyone he wishes and announce that he is attempting to collect a debt, and that he would like to leave a written message for the (now) defendant.

He can threaten legal action and not sue, it is done by attorneys all the time, it is called leverage.

I also disagree re: the withholding the images in question. The criminal activity is hers and hers alone, if you rob a bank and give back some of the cash you still go to jail. Check fraud is just exactly that fraud. It is not up to the OP re: filing charges for any criminal activity, that is up to the DA. That is why you go to her bank and check on her account. As long as he is trying to get paid for both the funds he is out and the expenses to collect he can do what he needs to to collect a debt. Now in your area there may be large differances in what those actions can or cannot be. As far as the timely manner it also depends on the municipal regs of your area.

LBaldwin
9th of November 2009 (Mon), 13:44
Thanks so much for the feed back. I wrote a letter and going to get it certified by the Post Office. I'll give her till december. If not i'll just go to my local law inforcement. In my state it's illegal to give a bounce check.

Good luck and I hope she parts with the cash quickly!

Dunedan
9th of November 2009 (Mon), 14:07
Let me get this straight - the $700 deposit check bounced, and you still showed up and took the wedding for only $350 in cash and another check for $350? Then you paid $300 to the videographer. So you have $50 for your work, and after NSF fees that could easily be $0.

In the future - require the deposit upon booking, and the final payment at least 2 weeks prior to the wedding date. Should there be any check problems you will know it by the day of the wedding.

Shootfilm
9th of November 2009 (Mon), 14:50
Sure he can. He can call anyone he wishes and announce that he is attempting to collect a debt, and that he would like to leave a written message for the (now) defendant.

He can threaten legal action and not sue, it is done by attorneys all the time, it is called leverage.

I also disagree re: the withholding the images in question. The criminal activity is hers and hers alone, if you rob a bank and give back some of the cash you still go to jail. Check fraud is just exactly that fraud. It is not up to the OP re: filing charges for any criminal activity, that is up to the DA. That is why you go to her bank and check on her account. As long as he is trying to get paid for both the funds he is out and the expenses to collect he can do what he needs to to collect a debt. Now in your area there may be large differances in what those actions can or cannot be. As far as the timely manner it also depends on the municipal regs of your area.



As a lawyer I can tell you your advice is begging for an injunction. There is no defendant as there is no case until it has been filed. No attorneys dont do it all the time collection agencies do and its illegal. Fair debt collection practices do vary slightly but for the most part federal law prohibits everything you suggest. Once a check is turned over to law enforcement to collect it is unlawful for the party to attempt further collection action. The contract lacks consideration, the depost was never paid. Deposit checks are not the same as checks for goods and or services.

"Sure he can. He can call anyone he wishes and announce that he is attempting to collect a debt, and that he would like to leave a written message for the (now) defendant. "
There is no defendant. He can leave his phone number only as long as he is calling what he believes is the parties home or place of employment. I assume she no longer lives with the mom.


"He can threaten legal action and not sue, it is done by attorneys all the time, it is called leverage."
Its not called leverage its called a demand letter. Every Bar is the US has similar rules concerning ethics. A lawyer can send the demand letter as long as he/she has been hired by their client to follow through with the demand. The OP would be acting Pro Se and is bound to the same rules. EXCEPT he cannot claim his client backed out which is where the lawyer has the advantage.


SF

WMS
9th of November 2009 (Mon), 14:55
It would be interesting to know which state the OP in in as this could have a very significant effect on just how a bounced check, or two should be handled.

Wayne

Shootfilm
9th of November 2009 (Mon), 15:09
It would be interesting to know which state the OP in in as this could have a very significant effect on just how a bounced check, or two should be handled.

Wayne

Fair debt collection practices act is federal.

SF

LBaldwin
9th of November 2009 (Mon), 15:33
As a lawyer I can tell you your advice is begging for an injunction. There is no defendant as there is no case until it has been filed. No attorneys dont do it all the time collection agencies do and its illegal. Fair debt collection practices do vary slightly but for the most part federal law prohibits everything you suggest. Once a check is turned over to law enforcement to collect it is unlawful for the party to attempt further collection action. The contract lacks consideration, the depost was never paid. Deposit checks are not the same as checks for goods and or services.

For one I am not sure that turning over the checks to the police or law enforcement would go anywhere anyway. They would put it on the back burner and prosecute greater crimes. An injunction from who? The crook that bounced the checks? Tell me what judge is going to issue a written injuction against a small business person to stop attemting to collect a debt from a deadbeat. How is she going to explain it to the judge? "Gee judge I contracted with this photographer to shoot my wedding, I stiffed him by writing TWO bad checks, I want my pictures. And Oh could you force him not to call my mommy and and stop asking for money?"

And as far as collection agencies are concerned? They almost always have an attorney as an legal advisor, or even better an owner so..

I don't know about WA, but in CA credit card companies, loan companies and mortgage companies will contact your family to get paid. They ALL have lawyers working for them - don't they?

I was not suggesting to the OP that he threaten to sue and then back out (per se), I say start the process and follow through until it is either paid or the court date arrives, how is that illegal?

AFAIK small claims courts do not issue injuctions, they rules are a little more loose. What binds lawyers ethically, does not necessarily apply to the layman.

"Sure he can. He can call anyone he wishes and announce that he is attempting to collect a debt, and that he would like to leave a written message for the (now) defendant. "

What prevents him from contacting family to get a message through? Her husband could be on the hook for the amounts too.

There is no defendant. He can leave his phone number only as long as he is calling what he believes is the parties home or place of employment. I assume she no longer lives with the mom.


"He can threaten legal action and not sue, it is done by attorneys all the time, it is called leverage."

Ok in the demand letter can you not threaten legal action to satisfiy a debt? Aren't you seeking legal leverage?


Its not called leverage its called a demand letter. Every Bar is the US has similar rules concerning ethics. A lawyer can send the demand letter as long as he/she has been hired by their client to follow through with the demand. The OP would be acting Pro Se and is bound to the same rules. EXCEPT he cannot claim his client backed out which is where the lawyer has the advantage.

He does not need a lawyer to send a demand letter, he can do it himself. And in most small claims situations it is better if he does it himeslf

Shootfilm
9th of November 2009 (Mon), 16:15
[I]How is she going to explain it to the judge? "Gee judge I contracted with this photographer to shoot my wedding, I stiffed him by writing TWO bad checks, I want my pictures. And Oh could you force him not to call my mommy and and stop asking for money?"

And as far as collection agencies are concerned? They almost always have an attorney as an legal advisor, or even better an owner so..

I don't know about WA, but in CA credit card companies, loan companies and mortgage companies will contact your family to get paid. They ALL have lawyers working for them - don't they?


Actually he could ask the judge or even just the OP not to call Mommy. In fact he can only call Mommy ONCE and only ask for an address or phone number. If he calls Mommy more than once he's broken the law period CA or NOT. The person can tell the OP not to ever contact her again. If he contacts her in any way other than a summons then he is breaking the law.
Collection agencys have a staff lawyer or one retained. First they must send a letter confirming the debt allowing you to dispute the debt prior to sending a demand letter CA or NOT.
CC companies are the same. the same laws apply.

If it were me and you followed your own advice you would owe me a whole lot of money by the time we were done.:) Pmode posted very sound advice, pretty much fool proof if you can keep the lawyers out of the mix.

SF

WMS
9th of November 2009 (Mon), 17:49
Fair debt collection practices act is federal.

SF

True, however most states also have laws which affect the collection of bad checks, and those will affect this situation, won't they?

Wayne

PMode
9th of November 2009 (Mon), 18:19
True, however most states also have laws which affect the collection of bad checks, and those will affect this situation, won't they?

Wayne

Consumer protection laws apply irregardless. Ive been burned by my own large mouth thus why I have the system that I do.

Ive really screwed the pooch a few times and cost myself big. I wrote a guy a real nice (actually nice) letter explaining that his bank returned a check. He sent me one registered mail telling me exactly how I should proceed to kiss his a?? and to never contact him again. I called his house and cell a number of times (many) never leaving a message. I got a visit from the cops telling me if I called him again they would arrest me. We went to small claims the judge dismissed the case with prejudist in his favor. The check was only $1200 bucks but I learned to keep my big mouth in check and obide by the law.

I guess even crooks have rights.

WMS
9th of November 2009 (Mon), 18:32
IN my defense I have only indicated that it would be nice to know which state this occurred in, and a second post indicating that many stated have laws which also affect the collection of bad checks. I happen to think that contacting the relatives of the person who passed the bad check is not a good idea. I would probably contact the person once, then discuss my options with the county district attorney. Then and only then would I decide what to do next.

Wayne

noxcuses1
9th of November 2009 (Mon), 18:53
It would be interesting to know which state the OP in in as this could have a very significant effect on just how a bounced check, or two should be handled.

Wayne

Is the OP in Delaware? Just take a look at their website. The info might be there.

gravy graffix
9th of November 2009 (Mon), 23:05
does the OP have a binding contract if he never collected anything (bad check) ?

ryant35
9th of November 2009 (Mon), 23:14
does the OP have a binding contract if he never collected anything (bad check) ?

Good point.

LBaldwin
10th of November 2009 (Tue), 07:10
If it were me and you followed your own advice you would owe me a whole lot of money by the time we were done.:) Pmode posted very sound advice, pretty much fool proof if you can keep the lawyers out of the mix.

SF

Naw, I'd hire you before I'd hire me lol. I have had to persue dead beats a few times (no bad checks thank God), and have always gotten paid.

Cheers!

S.Horton
10th of November 2009 (Tue), 07:28
This is not accurate. He cannot contact the mother for any reason other than to ask for a current address or phone number. He cannot say he is attempting to collect a debt or give details of the debt. He cannot threaten legal action unless he actually has intention to do so. He must file the action in a timely manor if he does threaten action. If he withholds any portion of his contract it is no longer criminal its civil breach of contract.

SF

All true if he were a 3rd party bill collector, but he's a small business owner, and as a practical matter nobody's going to sue anyone anyway.

On the contract: She failed to provide the money; do not deliver any product or service until she does, and do not refund money.

Call her on the phone, be nice, ask her when she's going to pay you. Regardless of what she says, tell her that you can stop by at any time to pick up the cash.

Tell her what to expect after you've picked up the cash -- Product, final delivery, etc.

If anyone else in her family wants to discuss the matter or money, go ahead. You're telling the truth; be nice, be professional, your objective is to get paid.

PS - I used to be in credit and collections - Being nice is always the best approach.

PMode
10th of November 2009 (Tue), 08:30
IN my defense I have only indicated that it would be nice to know which state this occurred in, and a second post indicating that many stated have laws which also affect the collection of bad checks. I happen to think that contacting the relatives of the person who passed the bad check is not a good idea. I would probably contact the person once, then discuss my options with the county district attorney. Then and only then would I decide what to do next.

Wayne

I apologize if I sounded offensive to you. I just wanted to explain why my shop handles checks the way we do. Shops are always the bad guys. Ive been sued for a customer running over a huge timber lag that destroyed the engine. I put the engine in and didnt have a well written warranty so my insurance co had to buy the lady an engine.

I dont really agree with using the county criminal system to collect. You have to just let it go once they have it. So if they sit on it your stuck. Thats part of the consumer protection laws.

ThomGascoigne
10th of November 2009 (Tue), 08:42
Letters are good for two reasons. You can put everything in writing and make it clear you have tried to get payment before last resort small claims court or debt collector (which for small amount will take %50 of the fee owned)

If she isn't being upfront and isn't willing to make payment in installments go legal route it's not worth your time and energy trying to get money from the bride for a long period of time.

I hate chasing people for money especially when it means I can't pay bills so now I make sure I get payment upfront.

Shootfilm
10th of November 2009 (Tue), 10:22
All true if he were a 3rd party bill collector, but he's a small business owner, and as a practical matter nobody's going to sue anyone anyway.

On the contract: She failed to provide the money; do not deliver any product or service until she does, and do not refund money.

Call her on the phone, be nice, ask her when she's going to pay you. Regardless of what she says, tell her that you can stop by at any time to pick up the cash.

Tell her what to expect after you've picked up the cash -- Product, final delivery, etc.

If anyone else in her family wants to discuss the matter or money, go ahead. You're telling the truth; be nice, be professional, your objective is to get paid.

PS - I used to be in credit and collections - Being nice is always the best approach.

Not really a collector is defined as. Any person who uses mail to collect a debt. You send a letter your a debt collector third party or not.

If the mother as stated in the initial post did issue a money order. If it was submitted for depost to the account in question and canceled. Then the check would be exempt from state or county prosecutorial collection as long as the daughter was not aware at the time the check was written.

As far as talking to the mother about the check goes that is just plain not correct unless the daughter or a court gives you permission to do so.

As far as the contract goes an NSF check is rendering payment because he did the shoot. His actions speak for the payment. There is no means of chattel for pictures. Without seeing the contract he may or may not be bound to it nsf check or not.

SF

ryant35
10th of November 2009 (Tue), 10:29
From my experience with money orders and cashiers checks, if you present the check back to the bank they will cancel it and refund you the money. If you don't have the check, lets say it's lost in the mail you can't cancel it for something like 60-90 days because the bank has to guarantee the check, so if it shows up properly cashed, the bank will lose the money. So they make you wait to cancel it. Maybe it's different in the OP's state but in California the money order from the mother would have still been good if it was deposited. Not that this changes anything, but it may help to prove her excuse is a lie.

Shootfilm
10th of November 2009 (Tue), 10:47
From my experience with money orders and cashiers checks, if you present the check back to the bank they will cancel it and refund you the money. If you don't have the check, lets say it's lost in the mail you can't cancel it for something like 60-90 days because the bank has to guarantee the check, so if it shows up properly cashed, the bank will lose the money. So they make you wait to cancel it. Maybe it's different in the OP's state but in California the money order from the mother would have still been good if it was deposited. Not that this changes anything, but it may help to prove her excuse is a lie.

Money order and cashiers checks are two completely different things. A Cashiers check is a check and is "secured funds". You can cancel them but have to jump through hoops. A money order is "unsecured" funds you can just call a 1800 number have it cancelled at any time for any reason. It is not a check but more like a voucher that you purchased. The voucher is an agreement to transfer funds to a bank. After cancelling it is not returned to the bank it goes back to the issuer like Western Union.Once they get it back the person that bought it gets their money back via mail.
If the daughter did deposit the money order it would have not been paid within the time limits that the bank stipulates or has agreed. The daughters account would have then been debited the amount causing the check to bounce. The prosecutor or bad check program in any state would then not be able to collect the check.

SF

J1000
10th of November 2009 (Tue), 10:50
Hello everyone, I was wondering if anyone can asst. me on my dilemma. I photographed a wedding and the bride wrote me two bad checks. The package she choose came up to 1,400. She gave me a deposit of 700.00. I put that in my bank. The wedding was a 2 weeks later. The day of the wedding she gave me 350 in cash, and 350 check. Of the 350 in cash, 300 went to the videographer I hired. The 350 check bounced.

I was wondering what can I do. Do I call the attor. General? She did give me a email saying her mother gave her a money order but canceled it. I don't really believe that. And also she hasn't got the product, but the time, fees, equipment. etc...

Or should I take this to small claims court.

Thanks for everything.

Sounds like someone that has no business getting married. Give her what you think is worth the money good that she gave... destroy the rest.