Thread: Other: offer - but no answer
View Single Post
Old 06-30-2016, 04:23 PM   #139
BandB
Guru
 
BandB's Avatar
 
City: Fort Lauderdale. Florida, USA
Join Date: Jan 2014
Posts: 21,449
Quote:
Originally Posted by utazo89 View Post
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....
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.
BandB is offline