NOW what do I do? I've tried emailing, calling - no response. It is the candyland cake in my pics. A cake for her kids' birthday no less. What kind of person do you have to be to STEAL your kids' birthday cake? I am pretty ticked right now.
Suggestions? I am happy to work it out with her, but otherwise I think I'll be taking the check to the D.A.'s office!
Let this be a lesson to me, and maybe some of ya'll - NEVER take a check from a first-time customer. Payment up front, or (in the voice of the Soup Nazi on Seinfeld) "NO CAKE FOR YOU!!!!!"
I would definitely do something about that its against the law to write a bad check and the account is closed! Wow some people. I can't believe it. Good luck and I hope you can get your money!
Oh Man! 
That really stinks! Hasn't happend to me yet. I will be interested in some of the replys you get. I live in a pretty small town, but ya never know....
I would certainly follow up on this one!
Send a letter certified and via regular mail advising of the check with a copy stating closed account - this letter should contain the initial cost of the cake, fees incurred for the bounced check and a time frame and method (cash/money order) to make payment. Also include a "if you do not respond in XX days" thsi will be reported to the local authorities as it is illegal to present a check for an account that is closed. And then throw in there some legal jargon that you can find on the internet regarding checks constituting legal tender etc.
If she does not comply report her to the authorities and place a complaint against her for presenting a bad check.
Sorry this happened, but that's what companies do that get them - give you a time frame and consequences if you fail to comply. I know there are companies (telecheck, etc.) that will actually stop any check purposes at participating vendors if you write a bad one...
This stinks - I can't imagine doing that for a kids birthday cake - or anything else for that matter.
As an fyi... where I work if a large check is presented we call the bank to ask if the funds are available - usually we get a yes or no straightaway with no issues, it takes a minute but it certainly helps you to provide the service at a minimum of issues.
Hope this helps.... hugs....
Have you contacted your local office for returned checks. They may have some steps to help you get your money.
Lisa
I know this is grossly unfair to you but just to flip the coin a bit...
I did this once. It was a complete accident! We changed banks and I got in a hurry and grabbed the wrong (old) checkbook. I realized it within a day and called the business right away. Before we jump to any conclusions see if she calls. Yeah, she could be a thief and a slime ball but she could have made an honest mistake. We shouldn't judge before we know.
If you continue to get no response (in my best TV voice), "Throw the book at 'er!" 
I think me and my hubby would be going to the house you delivered too (if you delivered -- is it the same address as the one on the check) and doing a little "collection" call face to face. Of course, my DH is a big guy, and I'd be standing behind him (peeking behind his elbow)! 
We seem to be the nice guys that get walked on a lot, and my DH is now getting sick of it .... he's just waiting for someone to try and take advantage of us now. If you're not comfortable going to them directly, did they mention that "so and so referred you"? If so, you may want to get to them through "so and so". Or, if you're getting answering machines when you call, it may be they've got caller ID and are screening your calls. If the person that referred them is a good friend of yours, go to their house and borrow their phone and call from there. They wouldn't suspect it'd be you on the other end and they might just answer! If not, I'd leave a voice mail message telling them that the bank informed you that the account for the check they wrote you was closed and that if they don't contact you within so many hours and make arrangements to pay you in CASH, you will be calling the police department to file a formal complaint against them for deliberately passing bad checks. Anytime you run into something like this, log your call attempts and for e-mails and mail, send so that signature is required or that a return receipt is automatically sent when the e-mail is opened by recipient. You never know when you'll need that information. Good luck! (Was the cake VERY recent? Can you imagine cake repo!)
Cake repo! That's awesome. I bet we could get all our DH in on something like that.
I would do as suggested. Send a certified letter and if nothing turn it over to the correct authorities. If the client really did make a mistake and grab the wrong check book or whatever, she'll call to make it right. If she's just trying to get out of paying you and thought she could get a free cake, she'll have a rude awakening.
GL. Keep us posted.
All of the above is good advice, but since you HAVE tried to call/email her with no response, I wouldn't screw around with it anymore.
Send the certified letter with a deadline and be prepared to turn it over to the District Attorney, like Val said.
It's not personal ... it's business.
I had that happen once and it was very innocent on their part ... but they also corrected it immediately. I didn't have to try to chase them down.
Don't be afraid to take a check, just get payment in enough time to let the check clear before you start working on the cake. No clear, no cake.
No more cake for her! Good luck on the collection!
Don't be afraid to take a check, just get payment in enough time to let the check clear before you start working on the cake. No clear, no cake.
My thoughts exactly! All of my customers pay in advance....I didn't want to have to deal with bad checks, etc. I hope all is settled in a timely manner and that it was an innocent accident.
Something else to keep in mind in MO if you the vendor accept partial payment. Like half today & half next week when I get paid again. If she doesn't come back you can not prosecute for the balance.
I sure hope you get your money soon. I've had two returned checks - the first for a wedding cake - which was a friend of the family and I waited till the Monday before the wedding on Sat to accept payment for a cake for 500. Of course it came back while they were away on their honeymoon. But then I contacted the mother of the groom who was the family friend and she made it good right away. The other check was from a gal who's sister was VP of the credit union where the check was written. She let me know that there was a pending deposit and gave me cash for the check. The sister hasn't called back for a cake and that was several years ago. The sister at the credit union just picked up a cake last weekend. I know I've been lucky in this area
GL
Don't be afraid to take a check, just get payment in enough time to let the check clear before you start working on the cake. No clear, no cake.
My thoughts exactly! All of my customers pay in advance....I didn't want to have to deal with bad checks, etc. I hope all is settled in a timely manner and that it was an innocent accident.
Exactly. That's why my I must receive final payment 10 days before delivery just so I can make sure it clears.
Though I did just deposit a cheque for a wedding I did last weekend, but that's because I couldn't find it in my mess of papers. LOL
I used to work at a bank and I can tell you that what she did is a federal offense. So, I would write a letter informing her of what happened with the check and how many times you have tried to get in touch with her regarding this matter. Tell her you would understand if it was an honest mistake, and then tell her you would give her a week or two weeks (your choice) after she receives the letter to get back to you with an answer if not you'll be forced to start legal proceedings against her.
Make a copy of the letter, certify the letter and send it with delivery confirmation so that it shows the date it was received and the name of the person who signed for it. If she doesn't get back to you after the week or two weeks you gave her then you have two choices; you could take her to small claims court and ask the judge for her to pay the cake and any other expenses you incurred trying to get your money back or, talk to the DA so that they press charges against her and then she will be in serious trouble.
Remember to keep all the receipts and write down how many times you tried to get in touch with her, when, how, and what happened each time.
Good luck!
Oh that stinks. Sorry that happened to you. Def. if you don't hear from her in the next couple asap do what the others suggested.
UPDATE - she emailed me back last night, and in one paragraph apologized 6 times! Apparently she had to go out of town (grandma had a heart attack or something), and just got my message. She wants to pay me 1/2 today, but I emailed her back to confirm and have not heard back yet.
I guess we'll see. The cake was $45, so some $$ is better than nothing, but I'll keep ya'll posted.
to okieinalaska - love that CG cake, my daughter is a Coastie - her link is below my signature, I'm so proud of her! She raised over $8000 and her goal was $300!!!
I agree with MM088, this is considered check fraud and she can be prosecuted for this. Folks writing checks off of closed accounts is a very common scam - do yourself a favor, don't take checks (unless you really know the person). I too work at a bank and even "official" bank checks can be forged nowadays.
Deb
If the client really did make a mistake and grab the wrong check book or whatever, she'll call to make it right. If she's just trying to get out of paying you and thought she could get a free cake, she'll have a rude awakening.
GL. Keep us posted.
I read and re-read this thread, I wasn't going to comment but changed my mind.
Who closes an account on purpose and then keeps the old checks? Not to imply any offense to anyone who has....just wondering what the thought process is there. I hear it all the time where I work and I always hmmmmm about it.
I had a deadbeat cake customer one time who got a double-full sheet cake for a party for his wife, he was the son of my mom's new husband and I should have seen it coming. He gave me a check for the full payment and before I even got home from the delivery he called me to tell me not to deposit it. I eventually got a $20 bill and a Michaels gift card that said it was for $50 but when I went to use it, turns out it only had $18 left on it (it had been previously used)
So like some others here, I won't take checks from people I don't know real well, everyone else pays cash or pays in advance.
I truly hope your customer makes good on not only the cake cost but also covers your bank fees. You should also ask her to write you a letter stating what she did so you can give it to your bank for your file. Even though this isn't your fault, a bounced check for whatever reason could be a black mark on your record depending on your bank's policies.
Sorry about the bad luck! Good luck getting your money!
The check did not bounce, I never deposited it because she told me that day (AFTER she drove off w/ my cake) to hold it. So I called the bank and found out the account was closed. At least I didn't have to pay fees and be out even more than I am for the cake.
OH well that is a bit of a relief, I misunderstood your OP.
Hope she makes good on it FAST
Thank you about the cg cake Audrey. : )
So she gave you a check on an account that she KNEW was closed. Then called you before you had a chance to cash it. Shame on her. And she is only going to pay 1/2 now and the rest later? I would let her know (after she pays you in full) anything she orders from now on will be cash only!
This one burned my biscuits! First she paid with a check on a closed account and now wants to pay 1/2? You didn't make her half a cake right? She knew the account was closed when she signed the check! This is not only wrong but is illegal! It's a bogus check! I would contact the powers that be. She can promise all day via email what she's gonna do but the fact of the matter is, she wrote a bad check! If she doesn't make good on it in a couple days, I'd get it ataken care of. This is NUTS! Shame on her! I'd never do business with her again!
Elle
Yet another update - today she calls me while I'm at work and offers to bring me the 1/2 in cash. I met her in the parking lot and she handed me $20, then promised the remaining $25 on Monday....we'll see. I'm just shocked to even have the twenty - something is better than nothing!
I also sell Avon on the side and someone took me for a $380 order. I was devastated that someone I trusted, who I saw every morning at work would do that to me. I didn't bother calling her back, I just contacted the County Attorney's office and did what it told me to do. It's been since May, but I still have hopes that the County Attorney will get my money back. I didn't realize that she had gotten fired from her job before I accepted her checks and gave her the items she ordered. Of course this will not keep me from taking checks in the future, because there are GOOD people out there. Don't lose you faith.!!!!
No something is not better than nothing. You take that check to the DA's office and file charges. She wrote you a bogus check and that is fraud and a felony. She knew when she wrote it that it was bad or she would not have called and said to hold on to it. Even though you are only the driver of the getaway car in a robbery you are still guilty....and so is she
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