I have (had) a customer who ordered a cake from me for Aug 30. At the time she worked in the cafeteria at my job and getting in touch with her was no problem. I made the cake, delivered it and she paid with a check. A few days later I deposited the check and she called the next day saying that she just found out about some fraudulent activity on her checking acct and had to close it. I told her that as soon as my bank returned the check that we would settle everything. So, I get the check back and tell her that she owes me for the original payment plus the returned check fee. She has no problem with it and will give me cash. We set a time to meet (by this time she has moved on to another job), and when I call to confirm, she's working 2 jobs and our schedules just don't coincide to where we can meet. Every time that I have called her to work it out, she has come up with some excuse that we cannot meet. I even told her to mail me a money order and gave my address. She agreed and I still have not received any payment. Now when I try to call, I only get voice mail and she refuses to return my calls. I am soooo fed up that I can't stand it anymore. What can I do? The address on the check that I have is supposedly an old address. Using the home phone number turns up no address on the internet. I don't know where she's working now so I can't go there. Do you think her bank would give me any information or at least confirm that the info I have is correct? All of this is over a $35 bill, is it really worth it for me to continue to pursue? Any advice would be appreciated. Thanks for listening.

I don't know how it works in the US but I'd leave a voicemail saying that 'my accountant' had advised I contact small claims court and that unless I received payment in cash in the next five working days then 'I would have no choice' but to pursue this n the courts. She may well get scared into coughing up.

This is a horrible situation to be in. I would pursue it though as you'll be narky that she got away with it for ages - if you're anything like me. It's just so rude of her - she ought to be ashamed!

What your client has done in cancelling the account with payments still pending is a form of fraud. I agree with Emmascakes. It's time to give her a real deadline for payment or you'll file a claim.

Tell her she has until a specific date and time to either phone you to meet for the exchange of the payment in cash OR have an envelope delivered to your home, or you will be filing a claim against her.

The bank won't give you any personal information about their clients. They would give that to the police if they became involved in an accusation of fraud.

Well if it were me I would right it off. Maybe think about taking only cash or make sure the checks have time to clear before you start to make a cake for someone.

For $35 it's not worth spending any more time on this. It sounds like she isn't going to pay you.

Sorry this happened to you. It's people like her that makes us have to come up with rules just to make sure we get what is owed us.

I agree with emmascakes. Definitely pursue it. Not only can you take her to small claims court but also let her know that she will be responsible for court costs and the return check fee. I know that the laws on fraudulent checks have become stricter. I think that is your best bet. Maybe she will cough it up if she finds out how much more it could cost her in the long run.

I'm sorry you are having to go through this. I just don't understand how people can take advantage of another person like that. I mean you spent your hard earned money and your precious time on a cake for her. Does she think she is above having to pay for it or what??? Sorry but this just gets my goat!

Lazy_Susan

Thanks for the info. My question now is... if I do pursue it and have to do the court thing, how do I do that?

I usually don't have a problem with customers paying with checks. I have had a number of them returned for whatever reason, but this is the first who hasn't paid up. From getting to know this woman when she worked here with me, I never would have figured that she was this type. She was even proactive in calling me when she found the fraud activity on her account to let me know that she had to close it to prevent more checks going through. Now I just feel like slapping her!!!

I was in banking for over 25 years and just recently quit to stay home.

When the check was returned was the reason for "closed account" or NSF". If NSF, then you can contact the bank every day to just check availability of funds. Once available, you can walk into the bank and cash the check.

One thing to note, if the account truly had fraudulent activity, most banks can pay the legitimate outstanding checks against a new account (at the same bank). It sounds to me though that this woman has a lot going on and just doesn't want to pay you. For crying out loud! It's only $35. Why doesn't she pay you. I think it would be worth it to me to pursue it. Not so much for the money but just because I took her check in good faith and expect to get paid for my work.

Good Luck,

Yvette

The stamps on the check say NSF and ENDORSEMENT VOID. I think I'll stop by that bank in the morning and see if they can tell me anything. The customer claims that the reason she had to close the account was because some of the checks she had mailed out for various bills were "washed" and ended up being used at Wal-mart stores.

I've gotten so furious over this that I don't know what I'll say to her if she does call me back or decides to settle up.

We're all on your side so keep coming here for ranting and support! I'm really pleased you're not happy to just write this off, I agree with most of the above posters that this would not be the way to go. I bet you that if you do contact her threatening further action - you'll get your cheque. She's probably relying on the fact it's a relatively small amount; thinking that you won't bother pursueing it. Keep us posted!

I would only learn from this, always take payment upfront....It is not worth the hassle I have friends owing me from August......it is really not worth the hassle......Just learn from this. I am a terrible business person but these things make you harder.....

Call or stop at her bank and talk with the person in cahrge of loss prevention. Tell theat person abot the check and ask if fraudulent activity was reported by the lady such as stolen or counterfit checks. Ask if the account is still open. Ask if other checks were returned. Ask if the loss prevention office has filed a SAR (Susupicious Activity Report) (FED) and have they talked with the local jurisdiction about the fraudulent activity. If they have, ask for the police officers name that took the report. Also ask if the person has been reported to chex systems. Banks use Chex systems like pulling a credit report. When you go to open a checking account at a bank the bank will run your information to look at your past behavior at other banks. Banks won't open an account for you if you have been reported for unpaid NSF checks or have had other issues.

Do your home work here first. Gather any and all information you can. Then if you do not prevail and want to pursue it through small claims you will have more then enough information for filing a small claims case.

Should you decide it is worth the time and effort to file a claim then stop at your local district court and get a summons and complaint form to file a suit. Most courts charge a dollar or so for the three part form. You can claim the $35.00 plus cost. (Form, service fee, etc..) You have to perfect service for the suit, meaning the law suit must be personally served on her. There is an additional fee at the court to have a court officer serve the lady with the apperaence summons. If you do not have a good address for the lady, the court officer or person serving the summons will return it to the court and you will be given notice that service was not performed. Then you have to get it served again. If it does get served then you will receive the summons in the mail with the date and time of the court hearing.

If you go to court and she does not show you will be awarded a default judgement. If she does show and you win your case you will be awarded a judgement in favor of the plaintif, meaning yourself. That means the court has awarded you the amount of damages specified in the judgement plus statutory interest at the current state level. The defendant will have 21 days to pay the judgement. If she does not pay it, then you have to go through another court process to collect on the judgement. At that time if you know where she banks or works you can go back to court (new form, more money for service, etc...) and file a garnishment on her bank or her employer. For the bank it would be a non-periodic garnishment, for her employer it would be a periodic garnishment. You must also include a processing fee with both. In my state the bank gets $1.00 and the employer gets $6.00. If she has enough money in her bank to cover the garnishment the bank will hold the money until she has an oppertunity to resond to the court. She will be allowed a certain amount of days to go to the court and file an objection to the garnishment. In my state its 14. If she does not object in the allowed time period then her bank will send you the funds. If her employer is served then after the time period they will take a percentage of money out of her pay each pay period until the ganishment is paid. In my state if a money judgment is obtained on a person, the district court reports it to the credit bureaus and a record of it goes on the defendants credit report. (Huge ding on your credit)

Sorry I wrote a novel but I thought I would give you a an overview as to the collection process. Now it boils down to do you want to go after it for $35.00 or would you make more money by spending all the amount of time and effort above on serving good customers. You could change policy and only take cash, or certifed funds, or cash the personal check right away. With check 21 there is like no float time for checks. Or call the bank and ask if there available funds to cover the check then cash it.

That's kind if it in a nut shell in this state anyway....Hope I have been helpful.

sorry about the spelling typos.... not enough coffee in me yet.

If you need her new address, send her a "letter" to the old address but on the envelope write . DO NOT FORWARD,ADDRESS CORRECTION REQUESTED. The usps will return your envelope to you with her correct address on it. Then send her a certified letter with the amt owed and tell her she has to pay within a certain amt of time or you will turn it over to the police or court system. In NY you can be arrested for passing bad checks.

You all are wonderful, the information is so helpful. I did not even think about sending a letter and marking it address correction requested, that's brilliant. I don't think I'll necessarily change my payment policy, but it will make me more diligent about verifying the information on the check before letting my customer walk away with a cake.

In California you can report unpaid NSF checks to the District Attorney's office and if they get multiple complaints on a person, they will pursue it. She may have done this to someone else as well. They actually make the people pay the checks plus penalties, and they have to attend a class, like traffic school for bad check writers.
So you may want to check with your District Attorney's office and see if they have a fraudulent check program.

writing bad checks will land your butt in jail around here.

send a certified letter...

then if she didn't pay turn the bad check in to the district attornys office...

one time a person that i knew was pursued over state lines...handcuffed by the cops and put in jail for a smaller check than that.

i'd make sure to add a hefty service charge while i was at it.

i've aquired myself a little collection of bad checks i been putting off pursueing i've been so busy.

how tacky...it sounds to me like she's playing ya.

I had this happen once. After a many email and calls I told her that I was going to file a claim with small claims. I would charge her the $48.00 she owed-$5.00 fee on the return of her check-and the filing fee which woudl have put her in the hundred dollar range. She kept saying that she sent payment and finally when I sent her an email stating that I was filing-- a cashiers check dated the same day was mailed to me (the same day she claimed that it was mailed meaning that she never mailed it) If you have her number and get her voicemail calmly explain what you are going to do and I sure bet she will pay!

It porbably won't go that far so goodluck!

I know she owes you and you are due your payment. However, make sure you look at the whole picture. Are you a licensed baker and would going to court have any adverse affect on your business? I haven't seen that question asked. Even spending the time to file the claim and going to court would take time away from baking (ie. for paying customers). So in essense you will have spent a lot more than she owes you. Sometimes the best lessons in life comes at us pretty hard.

I am really sorry this happened to you and I would be steaming personally. Just thought another perspective was warranted in this conversation.

In MD you can file with CHEX Systems but you have to have a report from the bank in order to do so. But you could also call check systems and find out if this is the only check but make it seem like you are just receiving it not that it has been returned. NSF sounds to me like she's in debt to the bank as well. Sounds like she's been bouncing checks left right up and down lol.

In MD you can go to jail for it. I would visit the bank with the check and do as instructed before by someone else, just inquire about the account, you have the right to receive your payment for services rendered and if she doesn't pay you have the right to take her to court no matter how small of an amount it's not the money it's the principle of the whole darn thing. People like her really get under my skin. Something that small and she's avoiding you like that. If the bank says there isn't anything they can do for you go to the police. Even if you aren't licensed it shouldn't matter you did a service for someone and they failed to make good on the payment. It'd be the same if she bounced the check at walmart. If the bank says the account is still open but is frozen for insufficent funds ask if YOU would be charged for pushing it thru again and if not keep pushing it. In MD you can push a check 3 times before it is returned completely and you have to take other steps to retrieve moneys. Here if the check is pushed 3 times the account holder is charged $35.~ or so depending on which bank they are with, per time. So she's not just looking at the $35.~ she owes you for the check and the returned check fee from YOUR bank but she's also looking at possibly up to $50.~ per time your bank pushed that check thru.

I've made the choice to accept only local checks from well known banks in my area and if paying by check payment is due in advance at least a week prior to having to start the cake(s). Once I receive the check I go to THEIR bank and cash it, if at that time it doesn't clear, I return to their home or office where ever I received the check from and confront them face to face, nicely explaining that something seems to be wrong with the check or the account that their bank wouldn't honor it and I'd like to return their check to them in exchange for cash. If at this time they can not pay cash I give them a date in which to pay by and explain at this point in time due to the issues with the bank I will only accept cash for this order and future orders. If they do not pay by the date given I cancel their order and refuse to reopen that order. It's a little harsh and a little bad for business with that person but the way I see it is she isn't going to tell her friends and family "Oh she's a **** she canceled my order and refuses to take any orders from me because I wrote her a bad check" she can say what she wants but if I hear of something being said the truth will be told and my reputation will have been restored.

I suggest visiting her bank and finding out exactly what those stamps on the check mean for this particular situation as they could mean different things for different banks Find out if they can draw the funds off another account in which she owns and if not then follow up with the police reports and such other advice given here

Good luck and sorry so long lol.

I always make sure my customers, if they pay with a check (its rare), that it is a local check where I can go cash it at THEIR bank, so if its a bad check they are the ones that have to deal with it and not me and not my bank.

Also forgot to mention some banks will go ahead and cash the check even if they don't have the funds in their account. They will then process it and place the check amount on the account as well as the NSF fee on there and you still get paid But since it's been stamped it may not work like that

I am not trying to turn this topic into one for me, but I have a very similar situation going on over a wedding cake that was cancelled 2 days before the wedding. I have a few questions if someone could answer them for me. I am thinking of pursuing a small claims suit. Is there any way that this could come back to bite me in the rear? I have tried to think everything through, but I have probably over looked something.

Shipley I would first "threaten" her that you are going to take her to small claims court. Send her a certified signiture required letter stating this is what is owed due to last minute cancelation. 2 days before the wedding, you must have had the cakes nearly finished!!! You can ask her for total amount plus damages. You can ask for the amount the cake would've cost her OR you can ask for actual loss. Meaning whatever you put out for pans, ingredients, supplies etc. I would ask for what you quoted her before but only if it was more then your actual costs. A wedding cake is expencive and she would be sued for sure if she had gone to a bakery or wedding specialy shop for her cake.

Edited to add: Also make a detailed list to send with the letter. Include the cost of ingredients, the cost of the supplies right down to the cake boards, charge her for whole packages of cake boards not just one or two or however many you used so if you bought 3 packages of 5 charge her for 15 even if you only used 6. Basically the court is going to ask you to do just this so anything at all right down to toothpicks include in the detailed list and make photocopies of everything you send her that way if it does end up in court you can show this is what you sent to her. It's almost the same as when someone is fighting to keep a security deposit on a rental property. We are going thru that now and she has messed up the house so bad my dad is going to end up keeping her deposit but in order to do so legally he has to make a detailed list of everything he has to do right down to the paint rollers used to repaint the house, the rags and buckets and bleach needed to clean the kitchen etc. So anything you purchased make note on this detailed list and make sure you send it to her with prices attached. If you got them on sale put the actual price of the products not the sale prices.

Maybe you should try one more phone call to her answering machine (since she won't answer.) I would very calmly explain to her that it took you __ hours to make the cake, plus supplies, and how would she feel if she put that much time and effort into something and received absolutely no compensation for it? On top of that, you not only did not get paid, but it COST you money to do this cake for her because your bank charged you the returned check charge. Ask her how she would feel if someone did that to her. Then ask her to please be a woman of integrity and send you a money order or cashier's check immediately so you can both put this behind you. Maybe the "guilt" message will make her respond.

Well, I am a licensed baker and most checks are written to my business which cannot be taken to the customer's bank and cashed there. I stopped by her bank this morning and they refused any information. They did say that the stamps did not mean that the account was closed. The bank was directly across the street from the police station and I was really thinking of stopping in there and thought "Let's give her one more call." She answered the phone!!! This time she claims that she's been out of town for 2 deaths in the family and working all the time. I told her that I understood that things happen, but she could have at least returned my call. She acted like it was nothing and I shouldn't be mad. Well, she has agreed to meet me today (within the hour) to settle the payment. She better come through or I'm carrying my butt right back to that police station. Oh I'm so mad I'm shaking!

Take a breath hun. Calm your nerves you wouldn't want to get all rung up over this anymore then you already are. Maybe she sensed you were getting close to your limit and decided it's best to pay up or maybe she just got her paycheck and can afford to get you off her back now lol. Either way let's pray she actually comes thru this time and you don't have to resort to the police and stuff.

Best of luck to ya let us know what happens cause we aren't just nosey we care

Shipley if it's being drawn up by a lawyer's office then it shouldn't come back on you in any way. You have a business and she hired you for a service and just like VACakeLady you deserve to be paid for services rendured