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Colo. Man to Go to Trial in May Over $42 Girl Scout Cookie Purchase

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smackababy

Lifer
Oct 30, 2008
27,028
75
86
I don't understand this. Did his check actually bounce? If so, his bank would have notified him. It is upon him to settle it, not the girl scouts. If his bank didn't notify him (which, I'm sure they did, if the check bounced). The $700 is stupid, but, he should have to pay for his mistake. If he gave them a bad check (maybe left over from an account he closed or something), that is on him.
 

waggy

No Lifer
Dec 14, 2000
68,155
8
81
I don't understand this. Did his check actually bounce? If so, his bank would have notified him. It is upon him to settle it, not the girl scouts. If his bank didn't notify him (which, I'm sure they did, if the check bounced). The $700 is stupid, but, he should have to pay for his mistake. If he gave them a bad check (maybe left over from an account he closed or something), that is on him.
again someone didn't read the article.

GS sent the check to his bank. the bank fucked somehow and told GS the account was closed. Bank does not send a message to the guy because odds are the fucked up and did the wrong account (yes this does happen).

GS then give it credit collection agency.

he finds out and goes to bank. bank says nope account is still good and even sends a letter to GS.

it sure looks like the BANK fucked up.
 

crashtech

Diamond Member
Jan 4, 2013
9,541
1,460
126
No, here's what happened: The check never got cashed for whatever reason. Whether it was NSF or whatever, no one here knows, but it seems beyond dispute that it wasn't cashed.

So the guy is either too stupid to realize he has either written a hot check, knows he wrote a hot check, or is too stupid to realize he has an uncashed check hanging out there for months and months. Any of these scenarios are still the responsibility of the check writer, who is in effect a debtor who owes that money until the check is cashed. It's due diligence to contact the payee if the check is not cashed, because that can (obviously, to honest people with a brain) indicate a problem.
 

AViking

Platinum Member
Sep 12, 2013
2,264
1
0
No, here's what happened: The check never got cashed for whatever reason. Whether it was NSF or whatever, no one here knows, but it seems beyond dispute that it wasn't cashed.

So the guy is either too stupid to realize he has either written a hot check, knows he wrote a hot check, or is too stupid to realize he has an uncashed check hanging out there for months and months. Any of these scenarios are still the responsibility of the check writer, who is in effect a debtor who owes that money until the check is cashed. It's due diligence to contact the payee if the check is not cashed, because that can (obviously, to honest people with a brain) indicate a problem.
Have you ever owned a checkbook? This doesn't sound like insufficient funds. This doesn't sound like a bounced check. His bank would recognize both of those possibilities. This sounds like someone fucked up somewhere and just sent him to collections. Then it sounds like they didn't fix the situation like they should have when they received the letter from the bank. I've been sent to collections incorrectly and once they received proof they left me alone. These fools kept going and now it's heading to court.

Collections agencies aren't very smart. They just send out notices to people based on you having the same name. I once got sent to collections for someone on the other side of the country. Same name but that was the only thing we had in common.

I've had people hold on to my check for 6+ months. Checks are stupid. When I called the company they told me that small checks are not a priority to them and they'll cash them when they get to them. I then called my bank and they said that checks under $5 would not be checked against the 6 month expiration date but would just be run through. I closed my account when I left the US with the $4ish balance in there but I wouldn't be surprised if they never cashed that check. I wish I could remember what the company was. It was probably something stupid like a balance on utility bill but I can't remember.
 

waggy

No Lifer
Dec 14, 2000
68,155
8
81
No, here's what happened: The check never got cashed for whatever reason. Whether it was NSF or whatever, no one here knows, but it seems beyond dispute that it wasn't cashed.

So the guy is either too stupid to realize he has either written a hot check, knows he wrote a hot check, or is too stupid to realize he has an uncashed check hanging out there for months and months. Any of these scenarios are still the responsibility of the check writer, who is in effect a debtor who owes that money until the check is cashed. It's due diligence to contact the payee if the check is not cashed, because that can (obviously, to honest people with a brain) indicate a problem.
if he wrote a check without money it would be listed as NSF and not closed account. IF he had actually closed the account the bank would not say it was not closed.

what you claim happened is not backed by the story. having the GS say they tried to cash it but came back Closed (when it has not been) smells of the bank fucking up.
 

crashtech

Diamond Member
Jan 4, 2013
9,541
1,460
126
The court will hopefully have access to all the data. There is important information missing from the story, like how much time elapsed between the purchase of the cookies and the collection notice, etc. My opinion on this issue is no doubt influenced by the fact that I have to deal with bad check writers on occasion for work that I perform. It's just the same as being stolen from, imo. I also don't agree with the idea that once you write a check, your responsibility ends. For example, if the check gets lost or damaged before being cashed, it's not like you don't owe the money anymore. The other party may owe you a stop payment fee at that point, but you still owe the debt.
 

TerryMathews

Lifer
Oct 9, 1999
11,474
2
0
The court will hopefully have access to all the data. There is important information missing from the story, like how much time elapsed between the purchase of the cookies and the collection notice, etc. My opinion on this issue is no doubt influenced by the fact that I have to deal with bad check writers on occasion for work that I perform. It's just the same as being stolen from, imo. I also don't agree with the idea that once you write a check, your responsibility ends. For example, if the check gets lost or damaged before being cashed, it's not like you don't owe the money anymore. The other party may owe you a stop payment fee at that point, but you still owe the debt.
I find it suspect that the check was returned account closed (which under Check 21, it should have been electronically represented 2 additional times for a total of three returns).

Someone is lying. And it could be on the girl scouts end. Maybe the guy had a 4 in his account number and thanks to MICR it got taken as a 9 (three times...).

In that case, shame on the girl scouts or their bank for not stopping and looking at why the check was bouncing.

The million dollar question is what does this guy's bank statement look like?

To me, justice in this case would look like:

-Retrieve copies of customer's statements from the time period in question.

-If there is no indication the check bounced in the mailings the customer should have received, the collection should be voided less what he originally owed and he should be compensated his actual legal representation costs.

-If there is any indication on his statements he had that check returned he should be liable for these costs.

I have 0 sympathy for check bouncers who dont make it right.
 

norseamd

Lifer
Dec 13, 2013
13,990
179
106
i somehow got 10 boxes of shitty thin mints, ill trade you for the PB ones
tagalongs used to be amazing.

now they just keep getting smaller more tasteless and more expensive

used to dump a huge amount of peanut butter on top of the cookies
 

waggy

No Lifer
Dec 14, 2000
68,155
8
81
I find it suspect that the check was returned account closed (which under Check 21, it should have been electronically represented 2 additional times for a total of three returns).

Someone is lying. And it could be on the girl scouts end. Maybe the guy had a 4 in his account number and thanks to MICR it got taken as a 9 (three times...).

In that case, shame on the girl scouts or their bank for not stopping and looking at why the check was bouncing.

The million dollar question is what does this guy's bank statement look like?

To me, justice in this case would look like:

-Retrieve copies of customer's statements from the time period in question.

-If there is no indication the check bounced in the mailings the customer should have received, the collection should be voided less what he originally owed and he should be compensated his actual legal representation costs.

-If there is any indication on his statements he had that check returned he should be liable for these costs.

I have 0 sympathy for check bouncers who dont make it right.
/this

He should be able to prove his side rather easy. just have his bank statements showing he had the money in the account and that it was open. Considering the bank has already tried to help him by writing a letter saying his bank account was not closed he should win.

IF he can he wins easy.
 

norseamd

Lifer
Dec 13, 2013
13,990
179
106
He should be able to prove his side rather easy. just have his bank statements showing he had the money in the account and that it was open. Considering the bank has already tried to help him by writing a letter saying his bank account was not closed he should win. IF he can he wins easy.
does he get any compensation
 

TerryMathews

Lifer
Oct 9, 1999
11,474
2
0
does he get any compensation
Should be two separate cases. As defendant he should be compensated for lawyers fees.

He then should be able to sue under FDCA for statutory remedies. Nice thing is he can enter the verdict from the first case as evidence I believe.

If the debt was faulty he has a case.
 
Jun 19, 2004
24,142
1,584
126
I've seen it a hundred times. Girl Scout cookies ruin lives. First, users lose all ambition and direction in life. They start borrowing from friends, colleagues and, relatives. They show up to work late, glazed over and, covered in crumbs. Managers threaten and finally have to fire them for being cookified on the job. Thus, begins the descent to petty thievery, smoking Twinkies™ and, snorting Snickerdoodle dust. Don't let Thin Mints destroy your life. Just say no!
 

norseamd

Lifer
Dec 13, 2013
13,990
179
106
I've seen it a hundred times. Girl Scout cookies ruin lives. First, users lose all ambition and direction in life. They start borrowing from friends, colleagues and, relatives. They show up to work late, glazed over and, covered in crumbs. Managers threaten and finally have to fire them for being cookified on the job. Thus, begins the descent to petty thievery, smoking Twinkies™ and, snorting Snickerdoodle dust. Don't let Thin Mints destroy your life. Just say no!
what if you turn thin mints into pure information form and then create places of cookie worship and then start charging maitnence fees and donations and then form a cultural system around cookies?
 
Jun 19, 2004
24,142
1,584
126
what if you turn thin mints into pure information form and then create places of cookie worship and then start charging maitnence fees and donations and then form a cultural system around cookies?
What do you think so called "convenience" stores are? They're sapping the strength of American men and poisoning our precious bodily fluids!
 

QuantumPion

Diamond Member
Jun 27, 2005
6,017
1
76
Something similar happened to me several years ago. Went to a dentist for some routine work, got the bill and paid for it. Thought I was done. Apparently they miscalculated the final bill and claimed I still owed them something like $20. But they never mailed, called, or contacted me in any way. I had no idea they claimed I owed them money until I got a call from the courthouse saying I had been found summarily judged against in absentia and had to pay up. Went to the courthouse to find out WTH was going on, turned out the dentist and the courthouse had my address wrong the whole time but never bothered to call my phone number. Had to pay the settlement, lawyer fee, and court costs anyway (unless I wanted to hire a lawyer to counter-sue, which probably would have cost more money then I would have gotten back).
 

TerryMathews

Lifer
Oct 9, 1999
11,474
2
0
Something similar happened to me several years ago. Went to a dentist for some routine work, got the bill and paid for it. Thought I was done. Apparently they miscalculated the final bill and claimed I still owed them something like $20. But they never mailed, called, or contacted me in any way. I had no idea they claimed I owed them money until I got a call from the courthouse saying I had been found summarily judged against in absentia and had to pay up. Went to the courthouse to find out WTH was going on, turned out the dentist and the courthouse had my address wrong the whole time but never bothered to call my phone number. Had to pay the settlement, lawyer fee, and court costs anyway (unless I wanted to hire a lawyer to counter-sue, which probably would have cost more money then I would have gotten back).
Sucks you dont live in a jurisdiction that requires proof of service.
 

norseamd

Lifer
Dec 13, 2013
13,990
179
106
Something similar happened to me several years ago. Went to a dentist for some routine work, got the bill and paid for it. Thought I was done. Apparently they miscalculated the final bill and claimed I still owed them something like $20. But they never mailed, called, or contacted me in any way. I had no idea they claimed I owed them money until I got a call from the courthouse saying I had been found summarily judged against in absentia and had to pay up. Went to the courthouse to find out WTH was going on, turned out the dentist and the courthouse had my address wrong the whole time but never bothered to call my phone number. Had to pay the settlement, lawyer fee, and court costs anyway (unless I wanted to hire a lawyer to counter-sue, which probably would have cost more money then I would have gotten back).
you have social media now

if something like this ever happens again yell shit on there to bring attention to it. also check out the judge and the dentist and what ever lawyers are involved. find out whatever you can about them and make sure to post that also. talk to some people on whatever you have and find out what your legal options are.
 

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