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| *The Commerce Journal>>>Law & Legal |
What can you do about bouncing cheques? |
My son has just left a job but they still owe him money. They sent him a cheque which has bounced - the third time that has happened. He needs to be able to ring and threaten them with something. Any ideas, apart from the obvious? small claims court Wow I can't believe they aren't shut down after bouncing a check whatever business they are. Should be a simple solution just to call the police. the cheque is his wages?? go to court house talk to them they will walk you thru the process to take em to small claims court(most of the time its 50 dollars to file you sue buisness for that too) also you call the labor department talk to them file a complaint they will-in their own sweet time do investigation-business don't want that lol they go thru all the books for a year- If a company bounces a cheque, this is fundamentally FRAUD. They are sending him the cheques, knowing full well there are insufficient funds to cash it in. Go to citizens advice bureau and they'll give you details on how to go about taking them to a small claims court! Should a cheque bounce from a business account the drawer will incur a charge, usually about 拢30. I once received 2 cheques from the same person and my bank allowed me to present them for payment 3 times. They bounced each time at no expense to me but the drawer incurred bank charges of 6x 拢30, he he he A bit of fun before you take this to the small claims court! Fortunately, this company has provided your son with a remedy. Payroll disputes are generally considered civil in nature and the cost of litigation, primarily small claims court, greatly affects the net recovery; however, an attempt to defraud by check is a criminal offense. Not only is it illegal in all states, in some states a "hot check" of any size is a felony. If you are in the US, call the US Dept. of Labor. They will get this corrected immediately. Here is what the bank will let you do...if you have a check, you can call and they will tell you if funds are available to cover that check. AS LONG AS IT IS A PAYROLL CHECK TAKE THE CHECK TO WAL*MART, they charge about 3 dollars to cash it but when they do it becomes their problem.I know this because i had the same problem. aside from that Small claims court. In most countries, including the UK, a cheque is evidence of a valid commitment by the issuer of the cheque (the drawer) to the recipient (the payee), even if the underlying situation is suspect (I don't know the full facts). It is unlikely that the employer could claim that it has no obligation to your son since issuing of the cheque to your son is evidence that it has. Your son has 6 years in which to sue his employer, which presumably is not insolvent: if it has gone into liquidation, your son should claim against the liquidator, probably having preferential rights in relation to unpaid wages. Consult the Citizens Advice Bureau and / or a solicitor with a view to drawing up a letter stating the law and claiming payment: keep hold of the cheque in a safe place, perhaps showing a photocopy to the CAB / solicitor. You can, if necessary, sue the employer in small claims court for the cheque and costs, though the official letter may do the trick. |
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