Questions About Stoppe Payment

Business By Jenn2179 Updated 12 Jan 2009 , 3:44am by BlakesCakes

Jenn2179 Posted 11 Jan 2009 , 4:21pm
post #1 of 9

So I made a b-day cake. They picked it up and gave me a check. I told them I was leaving to go out of town later that day. I left 2 hours later. The next day I checked my messages and I had 4 from this lady. She had called 2 1/2 hours after her husband picked up the cake and told me she wasn't happy. Called 2 more times. Then 2 hours later she called to tell me the icing was falling off the cake. I called and no response. I left messages and sent an email asking for the problem and pictures of the cake. I have never had icing fall off a cake. I think her husband left it in the car for 2 1/2 hours and it was over 70 degrees that day which caused issues. She stopped payment on her check and blocked my number. How do I go about getting my money?

8 replies
__Jamie__ Posted 11 Jan 2009 , 4:33pm
post #2 of 9
Quote:
Originally Posted by Jenn2179

I think her husband left it in the car for 2 1/2 hours and it was over 70 degrees that day which caused issues. She stopped payment on her check and blocked my number. How do I go about getting my money?




If that's the case, what a dipsh**. But, good luck proving it. I hate reading about these things. I would imagine your cake was just fine, and due to ignorance and neglect, they are blaming you. I am so sorry.

Whatever course you take to remedy this situation, be tactful and dignified....and you will ultimately "win", and live to bake another day.

I think I am in a "Gone With the Wind" mood today...lol icon_lol.gif

__Jamie__ Posted 11 Jan 2009 , 4:35pm
post #3 of 9

On a related note, just last week at my 9 to 5, it was unanimously decided that we would not be accepting any more personal checks. $5,000 in bad checks between three branches of our company is just unacceptable. I can't wait for the day that checks are done away with completely!

cakesdivine Posted 11 Jan 2009 , 6:04pm
post #4 of 9

I don't accept checks due to bouncing and those that decide to stop pay after they have consumed the cake. You should have her copy of the check. It is illegal to stop payment on a check for goods received and consumed. They would have to prove the cake was in bad shape when they received it. Do you have photos of the cake prior to pickup? If so that will help you.

File their check with the bad check division of your DA's office. Stop payment is the same as a bounced check. You will have to send certified mail notice for demand of payment plus now returned check fees.

I would change your payment policy. Insist on full payment (with the exception of wedding cakes) when the order is placed. That way the check would have cleared long before delivery.

chutzpah Posted 11 Jan 2009 , 6:06pm
post #5 of 9

cash is king

eldag0615 Posted 11 Jan 2009 , 6:26pm
post #6 of 9

Please, Let us know what happened. They can't just do that and expect you to do nothing, much less without any proof of what they say.

michellenj Posted 11 Jan 2009 , 6:41pm
post #7 of 9

God only knows what can happen to a cake once it leaves your establishment. I would definitely send her a certified letter stating that you would take her to small claims court, and follow through with it. How much was the check for? Is the amount worth the amount of headache that you will have trying to collect from her?

indydebi Posted 11 Jan 2009 , 7:09pm
post #8 of 9
Quote:
Originally Posted by Jenn2179

She stopped payment on her check and blocked my number. How do I go about getting my money?



This is what your attorney is paid to handle and/or your local prosecutor. I'm sure this doesn't fall under the "theft by check deception" column, but it's in there somewhere. At least call attorney/prosecutor to see what your options are.

BlakesCakes Posted 12 Jan 2009 , 3:44am
post #9 of 9

I assume that this cake was somewhat costly because stopping payment on a check isn't cheap.

I guess it depends on how much effort you want to put into retrieving your money.

If it were me (and I don't have an attorney on retainer to write a threatening letter for me), I'd write her a certified letter explaining that in order to resolve this, I must be provided photos and/or all cake leftovers. If she cannot, or will not, provide this, then I will be forced to pursue "other means" to recoup payment for my time and ingredients.

No response in a reasonable amount of time (for me, that would be 48hrs. after confirmation of delivery of the letter), I would then go file a small claims lawsuit against her (in most places, filing costs less than $100 and no lawyer is necessary). Unless she was immediately forthcoming with the "evidence", I wouldn't discuss it with her further and I wouldn't cancel the small claims suit.

Rae

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