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how to ensure a chk doesnot bounce

Date: Tue, 11/03/2009 - 12:43

Submitted by mukul
on Tue, 11/03/2009 - 12:43

Posts: 3 Credits: [Donate]

Total Replies: 5


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


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.


lrhall41

Submitted by DebtCruncher on Tue, 11/03/2009 - 16:31

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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.


lrhall41

Submitted by mukul on Wed, 11/04/2009 - 09:32

( Posts: 3 | Credits: )


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.


lrhall41

Submitted by DebtCruncher on Wed, 11/04/2009 - 17:27

( Posts: 2293 | Credits: )