Originally Posted by DRTRCR22
SORRY SCORP, it does not work that way... at least in New Mexico.
As a check and fraud crimes investigator of 21 years, I can absolutely confirm that in order for there to be a crime involved in this, there HAS TO be something of tangible material or services value received by the suspect issuing the check.
A check that has been taken on hold for downpayment, but NOTHING was ever transferred to the suspect, is not worth the toilet paper it was written on.
AND, circumstantial fees incurred by trying to cash this check prior to any transfer of goods or services does not constitute criminal intent on the part of the suspect.
NOTE! Future advice to EVERYONE... if you take the check to YOUR bank,
and ask them to run a "clearance check" on it BEFORE depositing it, the clerks will graciously do it for you as a security courtesy to make sure the check is not stolen or bogus before any attempts to complete an actual transaction causes a giant nightmare for many people.
Your bank would rather stop a fraud attempt BEFORE it happens than to let you (and them) become a victim with weeks of criminal investigations and prosecutions. I cannot remember all the hundreds of "Pre-Screening" investigations I worked with the banks.
Sorry Spruell, the fees were incurred because of YOUR actions, not his, and the cops, the District Attorney and the banks will not be able to help you... again, at least in New Mexico.
If your state is different I would be highly surprised, as most financial laws apply equally and consistantly across the entire nation.
Fortunately this was a cheap lesson learned, and I wish the entire world would do away with checks altogether.
Next time insist the buyer completes an electronic bank transfer into your account which will be guaranteed and protected from insufficient or reversal games, unless you choose to return it to the buyer for some reason. If he does not have the agreed upon funds in a legitimate bank account to make such transaction... RUN, RUN, RUN... because he most likely will never have the remaining money to complete the deal anyway.
Jim
Interesting-
So if you have a verbal agreement, supported my electronic communication, you are saying this does not constitute a contract, and that the check is not prepayment owed of the amount due?
Essentially that seems like its saying that no contract is enforceable if its not in writing.
So:
* An agreement was made between two parties.- check
*A price was determined-check
*Arrangements were made for pick up and delivery-check
*terms and conditions albeit primitive were determined-check
*A prepayment of the amount due was sent and received-check
*A bad check was issued- check
But in new Mexico this is NOT a contract?
Respectfully Jim, I am going to take my chance in the Court. It costs $25 to file in Small claims and its cheap to contact LE.
However, its easy enough to get a legal opinion, and I will run by my Corporate Counsel.
BTW- how does the issuance of a bad check equate to Spruell's action if he did not write it?
I appreciate that you were a fraud investigator, I'm just a lowly Finance guy with an MBA in business-
Scorp