Bad Check--What's My Play?

[sparkyjones]

Need advice OOT
Cliffnotes at end os post


So about 4 weeks ago someone I've known for 3+ years is out to dinner with me. I see him maybe two times a month. He's about 5 years older than me, steady job that pays well, two kids, single parent. A seemingly responsible guy. He realizes he doesn't have any cash on him. I tell him it's not a problem spot him the $115 and tell him he can pay me back at his convenience. He just says I'll make a check out to you. I didn't really see the problem since I thought I knew the guy, and had successfully cashed a check of his before. So I take the check and deposit it. Not thinking anything was wrong.

Fast forward to this Saturday. I get my bank statement and the check bounced because he had insufficient funds. I call him right away and tell him the check bounced. He picks up the phone and tells me he is in Tampa and won't be back until later that evening. He is surprised the check has bounced and promises to compensate me that night. I go christmas shopping and get a call from him, he tells me he'll be back later that night if I wanted to meet him somewhere. We agreed to meet at the bowling alley at 9pm. It rolls around to 8.30 and I give him a call to confirm our meeting, he tells me he's still in Tampa. I tell him he can just get the money to me tomorrow, because I need sleep. I suggest we meet at Wal-Mart at 11, he says he can't get there until noon. I comply.

Get up Sunday morning and give him a call about 11am. Get some annoying Nextel message "The customer you are trying to reach is unavailable" I try back about 11.30..same thing. 11.45 same thing. 11.55 same thing. So having faith in the guy I go up to walmart assuming maybe he had phone problems. I call him again and this time it goes through to his voicemail, I leave one for him telling him I'm waiting for him and to call me ASAP. I look around parking lot for his car no trace of it. I call him every 10 minutes for the next hour, and still no response. I decide to go into walmart and see if he was in there, but he obviously wasnt. Silly me for being optimistic. I leave a few more angry messages telling him check fraud is a felony. I leave walmart when I suddenly get an epiphany. I know where he lives!

So I go to his place of residence, which despite his seemingly distinguished socail class is right smack dab in the middle of the [censored] ghetto. I'm not talking warsaw ghetto, rather straight up 50 black people barbequeing ribs as I pulled up. He wasnt home of course. Ive tried to call him repeatedly over the course of the last few days and still can't get in touch with him.

I am a preferred customer at my bank so I won't be charged a service fee. However once I get in touch with him do you think I should ask for compensation for my time spent calling/waiting on him?

Cliffnotes:
I lend a guy $115
He writes me a check
I deposit said check
Check bounces
We make arrangements to reach ammends
He has avoided me since then



TIA

[Frinkenstein]

Is this guy a friend?

[sparkyjones]

More of an acquaitance. I've known him for a few years, but I wouldn't necessarily categorize him as a friend, especially after this incident.

[illeagle]

I'd call him and say he has 24 hours to pay up or else you give the check to the district attorney or whatever the proper legal channels are.

24 hours gives him plenty of time to gather the cash, even if he has to pawn something.

[Frinkenstein]

I can see why you would want compensation for your time, but I don't think you'll get it.

[CaptDEEbo]

just chalk it up as a loss man...115$ isnt enough to risk confrontation...see the popeyes thread for great advice on how to handle uncooperative people...

[EricW]

Kill his dog and give it back to him piece by piece.

[Archetype]

I am doubting that you are in dire need of the money if you were lending it out in the first place. Since he is a friend I would have a little faith. I dont see any reason why he would avoid you as opposed to giving you a logical explanation for his absense (if he could).

Just give him time, and hopefully he will come up with the money. If not, you just spent $115 to find out that he is not your friend. Sucks, but at least it wasnt $1115, or more! [img]/images/graemlins/crazy.gif[/img]

[sparkyjones]

He doesnt have a dog...
And Im not a baby killer


Slash tires?

[Hopey]

I realize that it's the principle of the thing now, rather than the money, so I can sympathize with you. The guy obviously has no intention of paying you back. He stole from you without a second thought. I hate people like this. They have no conscience.

Here's a question for OOT: Once a cheque "bounces", can you attempt to cash it at a later date? I seem to remember a former boss of mine bringing a bounced cheque he'd gotten from a customer to the bank every few weeks to see if the funds were in the account, and then cashing the cheque once the money was in the account. My memory might be hazy, though.

In any event, you have a few choices:

1) You can continue harassing this individual until he pays you. Keep in mind that he probably isn't as affluent as you think he is. He lives in the "ghetto" after all. How sure are you that he *does* have a decent job? He might be a con artist of some sort.

2) File charges (cheque fraud), and/or try to recover the funds in small claims. He probably won't show up for court, and then you'll have a hell of a time collecting judgement from him.

3) Get on with your life and put this behind you. Chalk it up as a $115 lesson.