Gas station clerk refuses check and holds car as collateral

[MarklarMarklar]

This morning my dad went to the gas station and filled up $15 worth of gas. He went inside to pay with a check (my mom had his debit card), and the clerk told him he wouldn't accept the check, because a check had bounced in the past. He has no cash to pay for it, and the clerk won't let him leave with his car. So he has to walk home to get some cash and walk back.

That's pretty much all the details I have, I don't know why he let them keep his car as collateral, or even how they planned on stopping him from taking it. What I would like to know is can they even do that? Doesn't sound legal to me, which is why I'm asking the lawn chair lawyers of OT their opinions.

If it had been me, I would have offered my identification, address, license plate#, and then driven home and come right back with the money. If I don't come back they can call the cops on me. If they still insisted on keeping my car, I would have called the cops on them. If what they're doing is illegal the cop can sort it out, and if not, well he should be able to mediate a solution for both parties.

Please don't flame over bouncing checks and people that make you wait in line while they write them, I already know how bad that is. Just curious as to whether what they did was legal or not, and how you might have handled the situation.

 

[Sphexi]

1) Perhaps your parents shouldn't be bouncing checks. Places around here post very clearly that they do not take checks for gas at ALL, not just from deadbeats.

2) Your father should know that places won't take his checks if he bounces them, he should plan ahead.

3) He could've asked if a check was alright before filling up, just going ahead and doing it then trying to pay like that was kind of stupid.

4) He had the choice of either leaving and then being arrested for stealing gas, or going home and getting cash, leaving the car there. I'd say he made the smarter decision.

5) Businesses have the right to refuse certain types of payments, especially from people who have a history of non-payment. I personally would've told your dad to just leave, then called the cops on him.

 

[isekii]

who the hell pays gas with a cehck ?

 

[acemcmac]

Originally posted by: isekii
who the hell pays gas with a cehck ?

QFT

 

[NuroMancer]

Originally posted by: MarklarMarklar
This morning my dad went to the gas station and filled up $15 worth of gas. He went inside to pay with a check (my mom had his debit card), and the clerk told him he wouldn't accept the check, because a check had bounced in the past. He has no cash to pay for it, and the clerk won't let him leave with his car. So he has to walk home to get some cash and walk back.

That's pretty much all the details I have, I don't know why he let them keep his car as collateral, or even how they planned on stopping him from taking it. What I would like to know is can they even do that? Doesn't sound legal to me, which is why I'm asking the lawn chair lawyers of OT their opinions.

If it had been me, I would have offered my identification, address, license plate#, and then driven home and come right back with the money. If I don't come back they can call the cops on me. If they still insisted on keeping my car, I would have called the cops on them. If what they're doing is illegal the cop can sort it out, and if not, well he should be able to mediate a solution for both parties.

Please don't flame over bouncing checks and people that make you wait in line while they write them, I already know how bad that is. Just curious as to whether what they did was legal or not, and how you might have handled the situation.

My personal experience was that they let me leave and go get my wallet (I had forgetten it)

But at the same time you have goods of theirs that you havn't paid for. It's like saying, I'm just gonna take my laptop, now that you've fixed it, I'll come back and pay for the service later, oh and here is my license so you know who I am. What retailer is gonna let you out the door? none?

 

[quakefiend420]

Originally posted by: Sphexi
5) Businesses have the right to refuse certain types of payments, especially from people who have a history of non-payment. I personally would've told your dad to just leave, then called the cops on him.

wow, you're a dickhead

 

[Compudork]

Originally posted by: Sphexi

5) Businesses have the right to refuse certain types of payments, especially from people who have a history of non-payment. I personally would've told your dad to just leave, then called the cops on him.

coooooold blooooooded!!

 

[Jassi]

Originally posted by: Sphexi
1) Perhaps your parents shouldn't be bouncing checks. Places around here post very clearly that they do not take checks for gas at ALL, not just from deadbeats.

2) Your father should know that places won't take his checks if he bounces them, he should plan ahead.

3) He could've asked if a check was alright before filling up, just going ahead and doing it then trying to pay like that was kind of stupid.

4) He had the choice of either leaving and then being arrested for stealing gas, or going home and getting cash, leaving the car there. I'd say he made the smarter decision.

5) Businesses have the right to refuse certain types of payments, especially from people who have a history of non-payment. I personally would've told your dad to just leave, then called the cops on him.

OP should clarify if it was his dad whose check had bounced before. If not, I think the gas station clerk was being a bit unreasonable with holding the car hostage. Maybe a watch or something less valuable but a car?

 

[shuan24]

where can you still pump first then pay? I, uh, need some gas....yeah....thats it...

 

[DrPizza]

A. Do they accept checks as a policy?
B. When previous check bounced, did they inform you that they would no longer accept checks from you?

If A is true and B is false, I'd have simply stated such to the clerk and left him holding the check. What could they possibly do, call the police? (but, I have duplicate checks, so I'd have some sort of proof that I paid, plus most stations have those stupid video cameras.) The worst that could happen is the clerk could deny that I even gave them a check and could state I simply drove off. I've got that covered. Generally (at least AFAIK in this state) rules for checks MUST be posted in clear view, hence the sign that says "Checks accepted for amount of purchase only. $50 fee for returned checks."

 

[Vertimus]

Originally posted by: isekii
who the hell pays gas with a cehck ?

 

[Deeko]

Sphexi, you're pretty much an asshole.

 

[chambersc]

Originally posted by: isekii
who the hell pays gas with a cehck ?

someone who intends for it to bounce.

anyway, i believe the store owner was in the right because of two very inportant factors. one, precedent. A cheque bounced from there before which means absolutely zero trust. Second, the cost of a barrel of oil hit over $70 today which hits local owners hard and they can't afford bouncing cheques which affect them SEVERLY.

 

[mattocs]

So about two years ago my friends father did that. Pumped gas, went in to pay with a check. They used to except checks, but didn't then. So they got his info and let him leave to go get cash.

He went to the bank, got the money, and halfway back, went back to the bank and get the $20 some dollars in all CHANGE. Pennies, nickles, dimes, and quarters. He went back, (cops waiting there because he was gone so long) and dumped the loose change on the counter.

He was banned from that station and had to help sort the coins with the casheir.

 

[Medicine Bear]

Originally posted by: isekii
who the hell pays gas with a cehck ?

I do all the time. I have 2 cars to fill up so I take them down one at a time. Fill up one, then go home and get the other. Write a check for both when I'm done. Of course I know the owner so that might have a weeeeeeee bit to do with it.

 

[brtspears2]

Maybe all gas stations should switch to pre-pay. This way you know if you can use a check or not before the gas is pumped.

 

[quakefiend420]

Originally posted by: shuan24
where can you still pump first then pay? I, uh, need some gas....yeah....thats it...

you can still do it here...but this is a town of 8K people...not a metropolitan area...whenever i go to okc, i never see a non-prepay station

 

[Deeko]

Originally posted by: brtspears2
Maybe all gas stations should switch to pre-pay. This way you know if you can use a check or not before the gas is pumped.

That's how they all are here in the city.

 

[timosyy]

I think the OP meant a check had bounced on the clerk in the past, not that his father was bouncing checks.

 

[Jzero]

Originally posted by: OBW96
He went to the bank, got the money, and halfway back, went back to the bank and get the $20 some dollars in all CHANGE. Pennies, nickles, dimes, and quarters.

Why would he do this?! The guy was nice enough to let him go get the money, and that's how he gets repaid?

 

[Sphexi]

Originally posted by: quakefiend420

Originally posted by: Sphexi
5) Businesses have the right to refuse certain types of payments, especially from people who have a history of non-payment. I personally would've told your dad to just leave, then called the cops on him.

wow, you're a dickhead

Absolutely, I've worked in retail for years, I have NO sympathy for people who try to pull crap like this. People are not nearly as stupid or clueless as they make themselves out to be, they simply act it to try and squeeze as much as they can out of shops and businesses. His dad has bounced checks there before, he knew it, and yet he was going to try it again? That's called fraud, the clerk was 100% right to refuse it, and at that point he's holding gas that he knows he can't afford, if he had left that's stealing. A short walk home is nothing to get out of that situation, and he probably could've used the exercise.

 

[DrPizza]

Originally posted by: shuan24
where can you still pump first then pay? I, uh, need some gas....yeah....thats it...

Virtually every place near me. You must live in an area with a much much higher rate of jerks who drive off without paying. But, very few places in my area accept checks for gas.

Ahhh, Texas. Another reason I won't be moving there. Must be a polite, courteous, honest, friendly area, huh?

 

[Deeko]

Originally posted by: Sphexi

Originally posted by: quakefiend420

Originally posted by: Sphexi
5) Businesses have the right to refuse certain types of payments, especially from people who have a history of non-payment. I personally would've told your dad to just leave, then called the cops on him.

wow, you're a dickhead

Absolutely, I've worked in retail for years, I have NO sympathy for people who try to pull crap like this. People are not nearly as stupid or clueless as they make themselves out to be, they simply act it to try and squeeze as much as they can out of shops and businesses. His dad has bounced checks there before, he knew it, and yet he was going to try it again? That's called fraud, the clerk was 100% right to refuse it, and at that point he's holding gas that he knows he can't afford, if he had left that's stealing. A short walk home is nothing to get out of that situation, and he probably could've used the exercise.

FRAUD?? You've gotta be kidding me. I've worked in retail for years too, and thats not fraud bud, that's trying to pay for your gas with a check...

 

[quakefiend420]

Originally posted by: Sphexi

Originally posted by: quakefiend420

Originally posted by: Sphexi
5) Businesses have the right to refuse certain types of payments, especially from people who have a history of non-payment. I personally would've told your dad to just leave, then called the cops on him.

wow, you're a dickhead

Absolutely, I've worked in retail for years, I have NO sympathy for people who try to pull crap like this. People are not nearly as stupid or clueless as they make themselves out to be, they simply act it to try and squeeze as much as they can out of shops and businesses. His dad has bounced checks there before, he knew it, and yet he was going to try it again? That's called fraud, the clerk was 100% right to refuse it, and at that point he's holding gas that he knows he can't afford, if he had left that's stealing. A short walk home is nothing to get out of that situation, and he probably could've used the exercise.

i don't think he meant his dad had bounced checks, just that someone had done it before...maybe the OP should clarify that a bit...if he had bounced checks there in the past, then yeah, i agree with you

 

[SuperFreaky]

tell him to get a citibank card and save 5% on gas/groc/pharm.