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Check bouncers

Matt Foley

By Matt Foley,
in Huddle Lounge

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charlotte49er Newbie

charlotte49er

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Small claims court. $50 filing fee and they now handle up to $5000 now. (I believe.) It was $1,500 but now it has been raised. (It's either $2,500 or $5,000 limit) Landlords use it all the time! If they don't pay, you can attach their wages or file a lien against their home or car. (This MAY require a lawyer to do that. Not real sure. These days, you probably can do it through Legal Zoom, or on-line.)

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charlotte49er Newbie

charlotte49er

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Gracias. Pisses me off because I worked really hard for this guy to get two sites up and running and put a lot of miles on my car. Then I got dinged for 120 bucks in fees on top of it. Doubt I can get those from him, though.

Take everything (Time sheets, downloads of the sites, any documentation, Print screens, correspondence, etc.) and ask for everything when you file the paperwork! The judge will rule what you are entitled to. NEVER argue with the judge, ALWAYS be respectful to him and any court people. The BIGGEST thing they hate when someone dis's them. Or lies to them. Always look the Judge in the eye, never down at the floor when you are talking. Sure sign of someone lying.

"You're Honor, it may look like a Duck, walk like a Duck and Quack like a Duck, but trust me, it's nothing!" Right then and there, this guys going to lose!

When someone says, "Trust me" the Judge will immediately assume he/she's lying!

BTW, if you kept a mileage log, please say that you did, (nod, nod, wink, wink) I'd claim mileage as well! Someone probably knows better than I do, but I THINK the going rate for mileage is $.27.5 cents per mile. (Set by the Federal Government!)

So Unless you quoted him just a flat rate, I might try and claim it. ONE, problem you may have, is what you actually billed him for. IF you didn't bill him for the $120 & mileage you maybe screwed.

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Matt Foley Newbie

Matt Foley

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Take everything (Time sheets, downloads of the sites, any documentation, Print screens, correspondence, etc.) and ask for everything when you file the paperwork! The judge will rule what you are entitled to. NEVER argue with the judge, ALWAYS be respectful to him and any court people. The BIGGEST thing they hate when someone dis's them. Or lies to them. Always look the Judge in the eye, never down at the floor when you are talking. Sure sign of someone lying.

"You're Honor, it may look like a Duck, walk like a Duck and Quack like a Duck, but trust me, it's nothing!" Right then and there, this guys going to lose!

When someone says, "Trust me" the Judge will immediately assume he/she's lying!

BTW, if you kept a mileage log, please say that you did, (nod, nod, wink, wink) I'd claim mileage as well! Someone probably knows better than I do, but I THINK the going rate for mileage is $.27.5 cents per mile. (Set by the Federal Government!)

So Unless you quoted him just a flat rate, I might try and claim it. ONE, problem you may have, is what you actually billed him for. IF you didn't bill him for the $120 & mileage you maybe screwed.

I kept mileage, receipts, and my stories live on on another site, who had a deal with him to share content.

He just texted me. Said he was going to send me another check Monday, he was sorry, and that it bounced because two check to him bounced. Not sure what I should do now.

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charlotte49er Newbie

charlotte49er

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I kept mileage, receipts, and my stories live on on another site, who had a deal with him to share content.

He just texted me. Said he was going to send me another check Monday, he was sorry, and that it bounced because two check to him bounced. Not sure what I should do now.

Good for you! :thumbsup:

I'm always for giving people the benefit of the doubt. I would wait until you get that check, then deposit it. (Most banks make you wait for a 3rd party check.) Takes the bank about a week for it to clear. (Though they claim 3 business days!) IF this one clears, then your good. If it doens't make sure you document that as well. (Good idea to copy the check prior to depositing it. B & W copy, it's illegal to color copy a check. Fraud.) If this one bounces then, send him a registered letter (Always a good idea) letting him know that you plan to file with North Carolina Small claims court. (This usually put the fear of God into people to make things right!)

Come to think of it, that MIGHT be a requirement prior to going to court. (Showing that you did try and collect the debt, by other means than just sending a Bill out.)

"Your honor, I never got a bill!"

"Then why did you write 2 bad checks?"

"uh........":rolleyes:

I have been involved in 3 major lawsuits. (None were Small Claims.)

First one was the IBM Anti Trust lawsuit brought on by the Federal Government for monopolizing the computer industry. Finally dropped by the Feds as a result of everyone else catching up with IBM (and passing them!)

Second one, I was sued for $1,000,000 (yikes, Yes, 1 Million dollars! My Best Dr. Evil impersonation!) Brought on by the Eaton Kenway Corp. I awarded an equipment bid to Litton Industries, instead of them. Thank God the IBM lawyers represented me. I got deposed and have to give testimoney. Suit was dropped by Eaton-Kenway as a result.

Third one was my Workers Comp case that we are in the process of cleaning up now.

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Matt Foley Newbie

Matt Foley

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Thing is, he really should pay me $1,620, because we worked another week past the last paycheck, and because the bank dinged me for $120 in fees. None of my checks bounced, but still. I don't think he has that money, though, and kind of want to take the 1,000, cash it, and be done with the dude.

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CLTPanther Contributor

CLTPanther

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Do you 1099 a lot? If you are going to continue doing independent contract work going forward, you should make sure you get around 50% of whatever you are going to do up front or get it secured through something with intrinsic value. It has not been above me to demand 50% up front, then not turn a system over into production until I get another 25%, then let them pay the last 25% out of good faith unless they have screwed me in the past.

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