FF
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Put a full 5 gal can of gasoline out side the brokers office , before it opens.
He will get the hint.
He will get the hint.
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Other: offer - but no answer
- Thread starter utazo89
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Exactly!
Forum comments/suggestions are one thing. Actions outside that are not acceptable by anyone except 89.
Here, here. That comment can clearly go in the asinine bucket. Joking or not it does the process no good and doesn't help the fine character
rofl of this forum.FF, you don't know what you don't know.
Come back in a couple hours.
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Absolutely not.
hollywood8118
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ok .. how about a empty gas can with his name written on it...
If the P.O. hasn't received his deposit back within a week all normal civilized and " legal" options start to look weak.
Should it be a crime to take something back that someone stole from you?
One of the aspects of our legal system is it protects crooks... go figure it was written by lawyers.
HOLLYWOOD
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My inner child tends to agree with you- to create mayhem, chaos, and fear.
Fortunately, that child is well under control. It's natural to to want to react, but adults refuse to knee jerk react and instead let a cool head prevail.
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Capt Kangeroo
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My, aren't we a grumpy lot this morning.
My worthless entirely speculative guess as to what is going on here is the broker is in financial difficulty and has either spent the deposit, or his supposed trust account has been seized. What he is waiting on is a pending deposit from another customer to cover the first, possibly on the same boat. A quasi ponzi scheme as someone suggested earlier but one more likely based in desperation versus greed.
I once collected a large long overdue debt from a company who were full of excuses and short on communication by parking myself in the company presidents outer office and refusing to leave. His secretary repeatedly said he wasn't in and even threatened to have me removed but I politely said I would wait and held my ground. He never did come out but 4 or 5 hours later someone "presumably from accounting" came in and I left with a cheque.
If our friend here were to do the same and camp out in the owners office, what could the owner do, call the police? (I suggest packing a lunch and a bathroom visit is a prerequisite to trying this however). To demonstrate good faith you might even offer to share your sandwich with the owner.
My worthless entirely speculative guess as to what is going on here is the broker is in financial difficulty and has either spent the deposit, or his supposed trust account has been seized. What he is waiting on is a pending deposit from another customer to cover the first, possibly on the same boat. A quasi ponzi scheme as someone suggested earlier but one more likely based in desperation versus greed.
I once collected a large long overdue debt from a company who were full of excuses and short on communication by parking myself in the company presidents outer office and refusing to leave. His secretary repeatedly said he wasn't in and even threatened to have me removed but I politely said I would wait and held my ground. He never did come out but 4 or 5 hours later someone "presumably from accounting" came in and I left with a cheque.
If our friend here were to do the same and camp out in the owners office, what could the owner do, call the police? (I suggest packing a lunch and a bathroom visit is a prerequisite to trying this however). To demonstrate good faith you might even offer to share your sandwich with the owner.
bligh
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When 98 did not get his deposit back I immediately thought to my self, "He should have camped out there." I have a colleague that would send a guy to collect bad debts, and he would camp out at the place of business until he got paid. Apparently some obscure law that said a business could not close until the customer had concluded his business. Not sure if it is a law in WA, but I would certainly not hesitate to camp out there myself.
No good news Gents.
I received a check today from the broker's office, but when I went to their bank, the check could not be cashed. There were insufficient funds on that account. Later we discovered that the check they gave me has a different account number, comparing to the trust account, where my money was deposited to.
I am getting help from local organizations, but the broker is out of town. I have bad feelings about this. The saga continues....
I received a check today from the broker's office, but when I went to their bank, the check could not be cashed. There were insufficient funds on that account. Later we discovered that the check they gave me has a different account number, comparing to the trust account, where my money was deposited to.
I am getting help from local organizations, but the broker is out of town. I have bad feelings about this. The saga continues....
dhays
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We can make it a meal for two Tim.
dhmeissner
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Mr. 89, so sorry this is happening to you. Now the bum passes you a bad check, unbelievable. Good luck, I hope it resolves soon!
Deposit the check. Get it rejected and legal evidence that it is an NSF. Then, you have a criminal charge and I'd inform them at that point that either they give me a cashier's check to replace it or I'm taking it to the local sheriff's office.
Here is the criminal charge in Washington:
Washington. Misdemeanor - full restitution; the defendant need not be imprisoned, but the court shall impose a minimum fine of $500. Of the fine imposed, at least $50 shall not be suspended or deferred. Upon conviction for a second offense within any twelve-month period, the court may suspend or defer only that portion of the fine which is in excess of $500. Felony - Up to one year in jail or up to $1,000 fine, or both.
Here are the civil penalties in Washington:
Washington. Lesser of amount of check or interest at 12%, and cost of collection not to exceed $40. If court action necessary after 15 days, lesser of reasonable attorneys' fees and treble face of check or $100.
Deposit before he can stop payment. He may miraculously find a way to cover it, although I doubt it. However, he just did you a favor. Getting the money would have been better, but you would have had to prove that by the contract you should get it so just a civil contract law case. Now you have nothing to prove other than that he gave you a bad check. And it's definitely at the level of a felony.
The only reason for the delay was he didn't have the money. I'm not one bit surprised then that the next delaying action was a bad check. Unless his bank stamped it in some way though you haven't perfected a bad check claim. Depositing and it being returned and stamped NSF will do so. Just don't try to spend it.
He's trying a Hail Mary. That he can come up with the money somehow before it hits. He will tell you probably to redeposit it. Or, I see this potential story. "Oh, she by mistake wrote it from the wrong account. I'll have another processed." Do not under any circumstances give him the bad check back until you have good money in your hands.
He's trying a Hail Mary. That he can come up with the money somehow before it hits. He will tell you probably to redeposit it. Or, I see this potential story. "Oh, she by mistake wrote it from the wrong account. I'll have another processed." Do not under any circumstances give him the bad check back until you have good money in your hands.
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Go to the Sheriff's department. They can tell you exactly what the process is and what your obligations are as well as when you can get them involved.
Hurry. My next fear is bankruptcy being filed.
Every state is different and I certainly don't know Washington. However, by some state laws this might not qualify as a bad check. Something about antecedent debts that a check used to pay a debt isn't a bad check as the debt was already there.
If he doesn't satisfy you quickly, time to get an attorney involved. Maybe past time. Just have evidence documenting that the check is rejected.
Hurry. My next fear is bankruptcy being filed.
Every state is different and I certainly don't know Washington. However, by some state laws this might not qualify as a bad check. Something about antecedent debts that a check used to pay a debt isn't a bad check as the debt was already there.
If he doesn't satisfy you quickly, time to get an attorney involved. Maybe past time. Just have evidence documenting that the check is rejected.
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BruceK
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Really sorry for you 89. I`m with B&B, bank the check, it may yet be paid, if not it completes the offence,for whatever that may be worth.
Is there any industry default fund for boat brokers? Some professional and service organizations here have an umbrella fund to cover defalcations, maybe one of our broker members will know.
Is there any industry default fund for boat brokers? Some professional and service organizations here have an umbrella fund to cover defalcations, maybe one of our broker members will know.
78puget-trawler
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Agree, its lawyer time.
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yes- their commercial general liability and/or E&O insurances.
BruceK
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That`s entirely different to what I had in mind. I`m wondering about, but won`t pursue, aspects of insurance. It would involve expressing a view, which could be premature or defamatory, about what happened.
Wood
Senior Member
True.
But there are laws that regulate escrow accounts; how they are established and maintained. A key issue is that any offer must articulate when and how escrow monies are released and to whom.
Any lawyer can act as an escrow agent with monies deposited into their IOTA. An individual or corporation can also be an escrow agent notwithstanding lack of licensure as a Yacht Broker. They must be bonded with sufficient coverage for all deposits and each escrow must be in a separate account "in trust for".
I'd be surprised if Washington law doesn't cover this.
Washington State corporation search shows no such entity
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