I know someone who works at a bank and I asked him what to do in this type of situation. He said that the easiest way to make sure that you receive funds for the check would be to go directly to the bank the check is drawn on (make sure you have proper ID) and cash the check there.
If you call the bank it's drawn on and the funds are there, then deposit into your bank, by the time the check goes from your bank to that bank, the check might be bad (NSF, PAYMENT STOPPED, Etc,). Also, cashing the check at your bank is the same as depositing it. If the check comes back, it will be charged back to your account and possibly cause an overdraft, or worse. They will go after YOU to cover the bad check. It's not the bank's responsibility to collect on a bad check. They act as a means of facilitating commerce, not arbitrating differences between parties.
Further, if you do call the bank it's drwan on and find that the check is bad, you should STILL deposit it into your account and let it be returned. Then you will have evidence that you've been harmed and can go to the local Justice of the Peace, Small Claims Court, etc, and file a civil suit. You should send a certified letter to your ex-company, notifying them of your intent to file suit if the matter is not settled within 10 days.
Of course, the easiest and safest ways of making sure you get paid is to insist on a Bank Check (Cashiers Check, Money Order, or Treasurer's Check), Cash, or, have them Wire Transfer the money directly into your account. (Offer to pay the bank service charges)
Good Luck!!
Re:Possible Bad Check
Member #: 5831
Registered: 1996-2001
Posted:
4
Name:
Brandon Gribbin
Name:
Brandon Gribbin
Company:
Self
Location:
Portage, Pa
Personal:
late 40s
Experience:
~23 years
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