Hello, OT question...

A friend of mine (make that, ex friend) has been signing over checks to me for the last 3 or 4
months... a total of 12 or so, that she received from her mother. Her mother made them out to
her (the ex friend) and she signed them over to me. I would then deposit them, and keep 20
bucks or so. Basically: I was a cash-checking store to her. Never had a problem, the checks
always went thru and were never over $140.

3 weeks ago she gives me one for $240... I checked my acct online (the check went thru)
continued using my debit card as usual, the next evening the $240 was deducted, causing my
purchases (4 total) to fine my account $120 in over limit fees (4 x $30).. the check bounced
because of insufficient funds. I did call the bank, spent 20 minutes+ pleading w/ the operator,
than a supervisor to delete the OTL fees. I got them to knock 2 of them off. Total I'm screwed
out of= $300.

I want to know what my legal options are... How to pursue this (legally) to get my $$$ back. I
figure small claims, or perhaps local sheriff office to report fraud (?)... Whatever the case,
how do I go about this (where do I go/what do I have to fill out/How long will it probably
take/etc..)

BTW: I'm sure this will be asked, so I'll just *try* to explain why this "friend" has been
signing over checks:.. This person has been out of work for 5 months or so, lives with her mom,
is a coke-fiend, makes extra cash running drugs for her dealer.. yada yada yada. (Yes, lovely)
Her mother works 3rd shift @ a hospital, gives her checks once in a while if she (mother)
leaves town, or if she (coke fiend) needs $ for the week.... I dunno, I've been thinking I'm
being set-up by her/them for check-fraud. I've even said to her many times: "why doesn't yur
mother just withdrawal the $ herself" "why are you giving me 20 or 40 bucks just for going to
the bank!?!"... It seemed fishy from the start, the checks kept going thru & I made $20+ bucks
each time, food money! So I did it.

~pauly

If you got $20 for cashing each check of the 12 checks then they broke even
with the $ 240 check. Not the best of scams I'd say.

"--= PauLy =--" <phucker_hah@yahoo.spam.com> wrote in message
news:40d8320d.82705103@news-server.cfl.rr.com... Hello, OT question... A friend of mine (make that, ex friend) has been signing over checks to me
for the last 3 or 4 months... a total of 12 or so, that she received from her mother. Her
mother made them out to her (the ex friend) and she signed them over to me. I would then deposit
them, and keep 20 bucks or so. Basically: I was a cash-checking store to her. Never had a
problem, the checks always went thru and were never over $140. 3 weeks ago she gives me one for $240... I checked my acct online (the
check went thru) continued using my debit card as usual, the next evening the $240 was
deducted, causing my purchases (4 total) to fine my account $120 in over limit fees (4 x $30)..
the check bounced because of insufficient funds. I did call the bank, spent 20 minutes+
pleading w/ the operator, than a supervisor to delete the OTL fees. I got them to knock 2 of them
off. Total I'm screwed out of= $300. I want to know what my legal options are... How to pursue this (legally)
to get my $$$ back. I figure small claims, or perhaps local sheriff office to report fraud
(?)... <snip>

Check the law of the state in which you reside. California provides pretty
harsh civil remedies for writing insufficiently funded checks, so notifying
the ex-friend of the consequences may be enough to get paid.

1719. (a) (2) Notwithstanding any penal sanctions that may apply, any
person
who passes a check on insufficient funds shall be liable to the
payee for damages equal to treble the amount of the check if a
written demand for payment is mailed by certified mail to the person
who had passed a check on insufficient funds and the written demand
informs this person of (A) the provisions of this section, (B) the
amount of the check, and (C) the amount of the service charge payable
to the payee. The person who had passed a check on insufficient
funds shall have 30 days from the date the written demand was mailed
to pay the amount of the check, the amount of the service charge
payable to the payee, and the costs to mail the written demand for
payment. If this person fails to pay in full the amount of the
check, the service charge payable to the payee, and the costs to mail
the written demand within this period, this person shall then be
liable instead for the amount of the check, minus any partial
payments made toward the amount of the check or the service charge
within 30 days of the written demand, and damages equal to treble
that amount, which shall not be less than one hundred dollars ($100)
nor more than one thousand five hundred dollars ($1,500). When a
person becomes liable for treble damages for a check that is the
subject of a written demand, that person shall no longer be liable
for any service charge for that check and any costs to mail the
written demand.
(3) Notwithstanding paragraphs (1) and (2), a person shall not be
liable for the service charge, costs to mail the written demand, or
treble damages if he or she stops payment in order to resolve a good
faith dispute with the payee. The payee is entitled to the service
charge, costs to mail the written demand, or treble damages only upon
proving by clear and convincing evidence that there was no good
faith dispute, as defined in subdivision (b).
(4) Notwithstanding paragraph (1), a person shall not be liable
under that paragraph for the service charge if, at any time, he or
she presents the payee with written confirmation by his or her
financial institution that the check was returned to the payee by the
financial institution due to an error on the part of the financial
institution.

phucker_hah@yahoo.spam.com (--= PauLy =--) wrote in message news:<40d8320d.82705103@news-server.cfl.rr.com>... Hello, OT question... A friend of mine (make that, ex friend) has been signing over checks to me for the last 3 or 4 months... a total of 12 or so, that she received from her mother. Her mother made them out to her (the ex friend) and she signed them over to me. I would then deposit them, and keep 20 bucks or so. Basically: I was a cash-checking store to her. Never had a problem, the checks always went thru and were never over $140. 3 weeks ago she gives me one for $240... I checked my acct online (the check went thru) continued using my debit card as usual, the next evening the $240 was deducted, causing my purchases (4 total) to fine my account $120 in over limit fees (4 x $30).. the check bounced because of insufficient funds. I did call the bank, spent 20 minutes+ pleading w/ the operator, than a supervisor to delete the OTL fees. I got them to knock 2 of them off. Total I'm screwed out of= $300. I want to know what my legal options are... How to pursue this (legally) to get my $$$ back. I figure small claims, or perhaps local sheriff office to report fraud (?)... Whatever the case, how do I go about this (where do I go/what do I have to fill out/How long will it probably take/etc..) BTW: I'm sure this will be asked, so I'll just *try* to explain why this "friend" has been signing over checks:.. This person has been out of work for 5 months or so, lives with her mom, is a coke-fiend, makes extra cash running drugs for her dealer.. yada yada yada. (Yes, lovely) Her mother works 3rd shift @ a hospital, gives her checks once in a while if she (mother) leaves town, or if she (coke fiend) needs $ for the week.... I dunno, I've been thinking I'm being set-up by her/them for check-fraud. I've even said to her many times: "why doesn't yur mother just withdrawal the $ herself" "why are you giving me 20 or 40 bucks just for going to the bank!?!"... It seemed fishy from the start, the checks kept going thru & I made $20+ bucks each time, food money! So I did it. ~pauly


You may be prosecuted for conspiracy for laundrying drug money. Don't do this.

Thoth <thoth@notlisted.net> wrote:
(4) Notwithstanding paragraph (1), a person shall not be liable under that paragraph for the service charge if, at any time, he or she presents the payee with written confirmation by his or her financial institution that the check was returned to the payee by the financial institution due to an error on the part of the financial institution.

Hi Toth,

Is there a provision that requires the financial institution
to issue the letter if it's their mistake?

I'll bet it's not so easy for "average" bank customers to get
such letters.

Kindest regards,

Tom

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----===| K Kim |===---- /wrote:
<snip>You may be prosecuted for conspiracy for laundrying drug money. Don't do this.

Hmm, well I don't think her past/current situation regarding her usage & selling would come up.
I'm not going to rat her out to the police regarding "what she does" that's her business, and I
don't think she is dumb enough to rat herself out... I don't want her to go to jail either, All
I want is the money owed to me. twuz why I was questioning the whole "small claims court" in
earlier post, I did not know how to pursue that.

Since my post, I did contact the sheriffs office (late last night) they in turn game me another
# to call, of which I will tomorrow morning. I'll post what happens (eventually, when all is
said and done) incase someone is lucky enough to experience this one day. /sarcasm


~pauly

----===| Engineering |===---- /wrote:
If you got $20 for cashing each check of the 12 checks then they broke evenwith the $ 240 check. Not the best of scams I'd say.

Eh.. yeah, true... but I guess I can back that up by saying:.. The time & gas money put in by
myself each and every time. Having to meet her somewhere, pick her *** up; drop her *** off,
bla bla bla.

It's actually more like 6-7x now that I think about it. equate in the over limit fees
(remaining) and I still lost $. /if.ya.wanna.get.technical

~pauly