Checks, Checks, Checks

[jackives]

Hello All,

My name is Jack Ives and I am from Portland Oregon. I do freelance web design and it is typical for me to ship the cd's COD to the clients and they pay me. I always verify references before I ship. For this reason, I accept personal checks. Well, a couple weeks ago I shipped a CD with the files to a guy COD. He paid by check, not a problem, but when it came back the check was post-dated to 30 days from the day he received it. He was in Minnesota.

I cashed the check as normal (the check was around $5200). I got the check back a week later and it came back account closed. I am wondering what criminal action I can take in Portland Oregon to recover the funds for this check. Can I take any given as this check was post-dated? Am I just out all that money?

Also, if I can take criminal action, how far will it go? Will he be arrested in MN? Will the local MN police work with my local police? If they do arrest him will they extradite him? I just want to know so I can help decide what action to take if any! Any input would be appreciated. Thanks and have a great day!

Jack Ives

[zap]

Two things.

First, I thought this thread was about chicks chicks chicks! DAMN!


Now...realistically, you need an attorney, not a cop. The amount of money is significant, felony significant. However, everything will depend on the states and agencies involved. Most likely, this will be criminal only to the extent of the theft by deception (bounced check with closed account) but the collection will be civil in nature.

I'm sure you have already revised your policy reference CODs and personal checks

Good luck.

[jackives]

Two things.

First, I thought this thread was about chicks chicks chicks! DAMN!


Now...realistically, you need an attorney, not a cop. The amount of money is significant, felony significant. However, everything will depend on the states and agencies involved. Most likely, this will be criminal only to the extent of the theft by deception (bounced check with closed account) but the collection will be civil in nature.

I'm sure you have already revised your policy reference CODs and personal checks

Good luck.

Yes, I did change my policy whereas I will still accept checks but they must pay first then when it clears I send the CD. Also, I will still ship COD but must do it secured (cashier's check/money order only) and require a scanned license and personal references.

As far as the theft by deception, if that is what he would be facing criminally, what is he looking at for penalties? Will they arrest him in MN? Will they extradite him?

Jack Ives

[zap]

Yes, I did change my policy whereas I will still accept checks but they must pay first then when it clears I send the CD. Also, I will still ship COD but must do it secured (cashier's check/money order only) and require a scanned license and personal references.

As far as the theft by deception, if that is what he would be facing criminally, what is he looking at for penalties? Will they arrest him in MN? Will they extradite him?

Jack Ives

You know....it just bothers me if you are putting your real name on the internet in this manner. I will assume you are using an alias.

Sip might be able to help more than I. He is familiar with the laws in Mn.

[jackives]

You know....it just bothers me if you are putting your real name on the internet in this manner. I will assume you are using an alias.

Sip might be able to help more than I. He is familiar with the laws in Mn.

Yes, I am using an alias I often use! I find it better not to disclose your real name over the internet. Never know what kind of goofball could stumble across this post, look me up, then do god knows what! So, yes I do use an alias.

From what I know, they do not need to know MN laws. Given as I live in OR and the check was written to me it would go off of OR laws that is all I know for sure. MN laws would be irrelevant as I understand it.

I am just wondering if, by OR law, I can have him prosecuted given as the check is post dated. I don't have a lawyer, I am freelance not business. So, if anyone has any information, please let me know. Thanks and have a great day!


Jack Ives

[mcsap]

Writing a post dated check turns a potential criminal case ( and we prosecute ANY closed account case) into a civil case. NEVER , EVER , EVER accept a post dated check.

It means you have made a civil transaction that the police cannot delve into.

This is in PA , I can't say for sure where you are.

Lets say the police would handle....will your local PD extradite him for $ 5200 ?? If they won't then it is a waste of time. We have strict rules on extradition which is based on the type and level of crime.

[jackives]

Writing a post dated check turns a potential criminal case ( and we prosecute ANY closed account case) into a civil case. NEVER , EVER , EVER accept a post dated check.

It means you have made a civil transaction that the police cannot delve into.

This is in PA , I can't say for sure where you are.

Lets say the police would handle....will your local PD extradite him for $ 5200 ?? If they won't then it is a waste of time. We have strict rules on extradition which is based on the type and level of crime.

Yes you are right but the check was sent COD so I had no way of knowing it would be post-dated! I have since changed my check policy! Thank you for your information. I guess I have to find out two things and if there are any officers in Oregon, please help out.

The first is: By Oregon state law, is it a criminal offense if a post dated check comes back? If no, disregard question 2 if yes ask: will you extradite for a $5200 bad check? By the way, I tried contacting the Portland PD, but got the run around until about an hour later I hung up without an answer.

It doesn't look good. It looks like I will have to press civil charges, but I want to make sure. My chances of actually recovering from civil charges are slim to none. At least with criminal charges, if applicable, I may be able to give him that little boost to "encourage payment". If not, I can rest assured he has payed for his crime.

So please, if there is anyone from Oregon or anyone that knows Oregon criminal law, let me know. Thanks and have a great day!

Jack Ives

[oofdah]

As I work in the computer field I have to ask this question - why not simply just shut down the domain the site is hosted on until he produces the funds? Unless of course, he already had the domain and you just provided the actual site and didn't set up the hosting for him.

Then again, I would imagine that for $5,200 you weren't building a "personal" site for him. If it is a business site from which he derives a profit, you could almost certainly nail him under copyright laws. Yet, as was mentioned before, you'd need an attorney.

I'm not a cop, just a fellow "geek" offering my $.02. ;)

[jackives]

As I work in the computer field I have to ask this question - why not simply just shut down the domain the site is hosted on until he produces the funds? Unless of course, he already had the domain and you just provided the actual site and didn't set up the hosting for him.

Then again, I would imagine that for $5,200 you weren't building a "personal" site for him. If it is a business site from which he derives a profit, you could almost certainly nail him under copyright laws. Yet, as was mentioned before, you'd need an attorney.

I'm not a cop, just a fellow "geek" offering my $.02. ;)

It was a medium business site. Now that I think about it though, I wonder if he ever did host it or even has the business. Maybe he was an entrepreneur who bounced a check on a whim that his business idea would take off. I just design the sites, I don't have my own servers for hosting. I build the site and provide the files on the disk, what the clients do with them is for them to do! Unless of course they screw me over, which is why I'm here!


Jack Ives

[zap]

You know...Oof brings up a good point. As someone who used to develop sites for others professionally (pre cop), and who still does my own, have you run some searches to see if he is SELLING the sites you developed to others who are putting them up?

[jackives]

You know...Oof brings up a good point. As someone who used to develop sites for others professionally (pre cop), and who still does my own, have you run some searches to see if he is SELLING the sites you developed to others who are putting them up?

Yeah I did check and haven't found anything yet! It would be near impossible even if he was though! But I have not come across that site anywhere!