11-03-2009, 12:43 PM
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how to ensure a chk doesnot bounce
A customer of mine didnot pay for the goods especially made for him. Upon receiving small claims court summons, he wants to settle by a post dated check as he contests he is broke as of now.
Along with the post dated check what other document should I get from him - a letter of surity or a promissory note? And what would be my recourse if the check bounces. I also am skeptical what happens if he files for bankruptcy in the meantime 
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11-03-2009, 03:26 PM
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DO NOT accept anything but a cashiers check or money order.
If he files for bankruptcy in the meantime, you are SOL.
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11-03-2009, 04:31 PM
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That is something I have found a lot of people do to stall for time -- he gives you a post-dated check, and you stop/dismiss the lawsuit based on that; now in the mean time if that check bounces, then you are back to square one having to re-file your lawsuit and serve him again.
Don't do it. Or take the judgment first, then if the check bounces at least your judgment is already in place.
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11-04-2009, 09:32 AM
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Thank you for this and I was wanting to do the same- get judgement despite the post dated chek. But he would not give the chk if I go ahead with the lawsuit. The onus of executing the judgement is still on me and seeing he is on benefits currently, I am all messed up on how to proceed with him.
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11-04-2009, 09:34 AM
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soaplady
Thank you for your response, but if I cud get a cashier or money order, the issue on hand would not have been.
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11-04-2009, 05:27 PM
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Keep the ball in your court, and don't let this person dictate what you will or won't do - you'll end up regretting it when that check bounces (which I'll bet it will).
Get the judgment, and yes, enforcing it will be the hard part. Next file a citation (or attachment) on the bank account. Or get a replevin order for return of the goods this guy didn't pay for.
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