Did something stupid...

[Tegeril]

I already know that it's idiotic to accept a check for pretty much anything, so let's skip right past that part.

This deal took place in Massachusetts and was for $375 in exchange for an iBook G3. I deposited the check and it was returned by BoA for insufficient funds due to the account having been closed.

I'm originally from Maine and there is legislation regarding "negotiating a worthless instrument" which is a class E crime for the amount listed. I was wondering if there are any Mass people familiar with situations like this that may know of some equivalent Massachusetts law. All I have been able to find as of yet is a claim to be filled out and sent certified mail to the check writer's last known address with a 30 day notice for payment by certified check else they face a lawsuit.

Anyone out there with some help? =)

 

[ScottMac]

Do you know where this person lives / works?

If so, demand valid payment (plus your charges) and get them to settle within a reasonable time or return the product (plus your charges).

If you have an attorney, get him to write the letter. It might cost you some, but it adds to the credibility of the claim and might carry some weight if it ends up in court.

If they don't respond or are suddenly invisible, then call the cops and file a complaint.

Good Luck

Scott

 

[sixone]

If you think a crime has been committed, your first step is to contact law enforcement. You will likely have to sign a written complaint before any action can be taken.

If you also want to pursue a civil course of action, handle it separately.

 

[SagaLore]

Since the account had been closed out, have you considered that the contact info of that check is not the person you did business with?

 

[compuwiz1]

Would this happen to be a forum member who trades here, who did this to you? If so, the Moderators need to know the details, as well as, other known forums this perp trades on!

 

[ScottFern]

Originally posted by: sixone
If you think a crime has been committed, your first step is to contact law enforcement. You will likely have to sign a written complaint before any action can be taken.

If you also want to pursue a civil course of action, handle it separately.

Screw the cops! Time for some vigilante justice! Find your brass knuckles, baseball bats, and other hard objects.

 

[Tegeril]

It is not a forum member, but I negotiated with this individual by email and phone, and at least his email address/name used in email/and check name match (the physical address itself has the correct name in it, not just the from field) - however, yes, I have considered that the account does not match the individual I dealt with.

 

[Tegeril]

Originally posted by: ScottFern

Originally posted by: sixone
If you think a crime has been committed, your first step is to contact law enforcement. You will likely have to sign a written complaint before any action can be taken.

If you also want to pursue a civil course of action, handle it separately.

Screw the cops! Time for some vigilante justice! Find your brass knuckles, baseball bats, and other hard objects.

LOL

 

[compuwiz1]

Did you parse the email and get the IP address?

Maybe Troll Hunters can help put some heat on this dude.

 

[sixone]

Originally posted by: ScottFern

Originally posted by: sixone
If you think a crime has been committed, your first step is to contact law enforcement. You will likely have to sign a written complaint before any action can be taken.

If you also want to pursue a civil course of action, handle it separately.

Screw the cops! Time for some vigilante justice! Find your brass knuckles, baseball bats, and other hard objects.

Gonna be rather difficult to collect that $375 from a jail cell. :disgust:

 

[Tegeril]

Originally posted by: compuwiz1
Did you parse the email and get the IP address?

Sent via a blackberry device from a legitimate smtp server, I have the full header. I'm not sure what you mean beyond that.

 

[Gooberlx2]

Yeah, I think we need to know more details. Ebay, AT-FSFT, Craigslist, Classifieds. Chances are that you're SOL if it's craigslist or classifieds. Like someone said above, it probably wasn't even the same person as stated on the check.

This is why I cross-shred everything that I put in the trash that someone could possibly use illicitly. Identity crime is so common and just sooo easy to do. Find someone's unused checkbook in the garbage or stolen from a car seat, etc..., respond to local ads, write fake check and be on your merry way.

Hell, you can't even list your car, apartment or anything else on a reputable site without having to wade through the scams.

 

[Tegeril]

Yeah, it was Craigslist =\

 

[wedi42]

have you tried to contact the person yet?

 

[FoBoT]

contact the office of the county prosecutor for the county where the transaction took place, bad checks are usually prosecuted at the county level

 

[compuwiz1]

People often make mistakes and bounce checks due to accounting errors, but writing a check on a known closed account, is blantant intent to rip someone off. I'd go to the police.

 

[RaistlinZ]

I'm still shocked you took a personal check for any amount, but if the guy knew he was writing a check on a closed account couldn't that be considered intentional fraud? Isn't fraud a felony?

You might end up spending a lot more than $375 on finding and suing this jerk, but it'll probably be worth it just for the satisfaction of sending him to jail.

 

[MikeyIs4Dcats]

why do people always bring up lawyers in these kinds of cases?? it would cost him as much or more to hire a lawyer....and besides he wouldn't need a lawyer for small claims. get a clue people!

 

[Gooberlx2]

Originally posted by: RaistlinZ
I'm still shocked you took a personal check for any amount, but if the guy knew he was writing a check on a closed account couldn't that be considered intentional fraud? Isn't fraud a felony?

You might end up spending a lot more than $375 on finding and suing this jerk, but it'll probably be worth it just for the satisfaction of sending him to jail.

Correct, it's check fraud. It is a felony, and I would bet that there's a whole slew of bad checks he's written using that check book to poor unsuspecting victims like the OP.

 

[Tegeril]

I'm also still shocked I took a personal check. It's ridiculously stupid and I'm annoyed for doing it. The money lost isn't going to break me or anything but I'd love the satisfaction of getting him in some fashion. Yes, I have tried to contact him, but to no avail (he hasn't answered his phone when I call him - goes to same voice mail I got from day 1 - only tried twice, left a message, no response, I was pretty clear).

Going to send him a little certified note under Chapter 93, Section 40A under Massachusetts Regulation of Trade laws (a demand for dishonored check payment) and speak to the police tomorrow. Should be exciting. My mother is a lawyer in Maine (which is why I quickly learned of the much better law in Maine regarding "worthless instruments") but she was unaware of anything equivalent for MA which is why I posed my question here - it would seem I'm stuck waiting 30 days instead of the 5 granted in Maine.