Payment On Closed Account

Baking By PieceofCake701 Updated 7 Mar 2011 , 3:03pm by jonahsmom

PieceofCake701 Posted 3 Mar 2011 , 3:53pm
post #1 of 17

I am so mad right now! I did a Barbie cake and four dozen cupcakes for a customer to say the least was a HUGE pain in the butt. I could not wait to be done with this order...she was horrible. Then on Wednesday when I dropped the order off she gave me a check for the order and paid me a really large tip which at the time I thought was very generous of her. She went on and on about how cute everything I was pretty excited not only to be done but that it worked out the way she wanted.
I go the bank yesterday to do my deposits and the lady at the bank told me that she couldn't deposit her check because the account had been closed since October!
It's over a hundred dollars! Now what do I do?
I live in a very small town and have never had an issure before taking checks.

16 replies
mayo2222 Posted 3 Mar 2011 , 4:08pm
post #2 of 17

Not that this is going to help you now, but thats why most people require payment ahead of time.

Have you tried contacting the person again?

BRATTYR Posted 3 Mar 2011 , 4:12pm
post #3 of 17

i would go and confront her right way!! it could have been an acciednt and just given you the wrong check.(i know i dont use them very often) i would call and infrom her of the issue and let her know that you will be by on this date and time to pick up the payment in cash. you performed a service and she needs to pay you accordingly!!

Crikkitt Posted 3 Mar 2011 , 4:15pm
post #4 of 17

I'd definitely try contacting her again. Hopefully it was just a mistake and she accidentally grabbed the wrong checkbook. If you don't hear from her, turn the check over to your local district attorney's office...

Chasey Posted 3 Mar 2011 , 4:23pm
post #5 of 17

What do you do? Do you mean legally what do you do because surely you have tried to contact her since you know her payment is no good!! I would be so mad, just like you said!

I would have driven straight back to her house with the no good check and politely asked if she realized this was a check from a closed account.

I would request a cash payment or a money order for the balance she owes you. Give her a date and stick to it. If she's no good, she'll avoid you. icon_sad.gif That's awful!

Legally, I don't know what your avenues are. I am really sorry you are dealing with that!

Bluehue Posted 3 Mar 2011 , 4:37pm
post #6 of 17

Can't answer - i don't know where on planet Earth you live - every country and state is different.


PieceofCake701 Posted 3 Mar 2011 , 4:52pm
post #7 of 17

I called and left a message on her answering machine and explained what the bank had told me and I am giving her until tomorrow at noon to pay or I will be turning the issue over to the District Attorney's office.
Does anyone know what happens if I am forced to turn this over the the DA's office?

SugarFrosted Posted 3 Mar 2011 , 7:06pm
post #8 of 17

This is the very reason I require CASH ONLY now, too many times trying to chase down bad checks.

dldbrou Posted 3 Mar 2011 , 7:26pm
post #9 of 17

This lady gave you a hot check. She knew what she was doing, that is why you got a large tip. She signed a contract when she gave you a check. Sit down and write down everything that transpired during the process of this cake. Document everything because you will probably need it. Contact your DA's office immediately. This isn't the first time she has pulled this stunt, but because the amount is rather small, she gets away with it because people do not want to take her to small claims court.

Who holds on to checks for months after an account has been closed? She scammed you and you should not let her get away with it.

SecretAgentCakeBaker Posted 3 Mar 2011 , 7:47pm
post #10 of 17

Do not give that bad check back to her until you have cash in hand. She'll probably try to get you to give it back before paying you, saying she'll send you a money order or something, then you will not have any proof.

Good luck and sorry this happened to you.

sweetcakes Posted 7 Mar 2011 , 3:45am
post #11 of 17

Turn it over to the DA office tomorrow, she did this on purpose. what she has done is Theft. They will handle it and when they recieve payment + interest they will pay you. I had one customer do the same thing and as soon as i told her i was doing that she paid up in cash. Your county probably have a web page that tells you what you need to do. I do know it has to be done within 30 days of the cheque being written so dont wait.

indydebi Posted 7 Mar 2011 , 7:34am
post #12 of 17

It happened to me and the bride was very apologetic and embarrassed. Stuff happens and it could very well have been an accident.

Who hangs on to checks months after the account is closed? Lots of people, including my husband, who WILL NOT discard checks until they have been shredded (former banker .... security freak!) but it takes him weeks and months to "get around to" shredding them. So yeah .... they sit in the desk and take up space for months and months.

It happens.

Best thing is to contact her and give her the opportunity to make it right. If she turns into a horse's a$$ about it, then you pursue legal avenues.

FromScratchSF Posted 7 Mar 2011 , 8:17am
post #13 of 17

Contact her, if you get nowhere contact a collection agency.

I normally require advance payment via credit card online, I had someone order and pay for 200 bucks worth of cupcakes, then a month later I was informed the customer was requesting a chargeback, claiming it was an "unauthorized" charge. In case you don't know, credit card companies have a "no-questions asked" policy when it comes to potential fraud - they immediately reverse the charges, so this has turned into a really nifty way for people to steal. Anyway, I contacted him, he claimed ignorance and said he'd call his bank to "work it out". Couple weeks go by, my bank tells me the charge is still in dispute, obviously he had not called his bank. I called him a few more times, didn't hear back. Did some research, then called him a last time and left a message letting him know that he needed to settle with me ASAP, or I was turning his account over to a collection company that will triple the past due amount, add a ton of interest and will report him to all three credit agencies, and even if he pays them, he'll have a derogatory on his credit for the next 7-10 years.

Yeah, he called me RIGHT back, and the claim was withdrawn by his bank the next business day and the money was put right back into my account.

Maybe try that, or at least threaten it? Check your state laws of course, but call your local collection thugs, they'll tell you exactly what to do. Damaging someone's credit over cake IS pretty powerful...

scp1127 Posted 7 Mar 2011 , 9:26am
post #14 of 17

Our small claims is very user friendly. You pay $55 for your place on the docket and $25 for the process server. Come to court on your day. The defendant is now on the hook for the original amount, the $80, and interest (you have to ask for it) from the time of the transaction until it is paid. If they don't pay that day, wait 30 days and attach their bank account, wage garnishment, property leins, etc. For $250 (refundable, now they owe more), the police will take their car, tv, video games, grill, whatever you want. Just make sure you have proper paperwork and act reserved and business-like when you come to court. Let the customer act unprofessional.

One note on the personal property thing.. In this recession, our police department is so overloaded with these requests, they have had to stop taking them.

scp1127 Posted 7 Mar 2011 , 9:30am
post #15 of 17

By the way, wouldn't writing a check off of a closed account be criminal if it is not immediately rectified? I think it is. Call your sheriff's department.

cylstrial Posted 7 Mar 2011 , 1:54pm
post #16 of 17

Well it has already been said - but if she doesn't pay up, take her to small claims court. If you don't already have a policy about small claims court in your contract, you should add in there, that if you have to go small claims court that the other party is responsible for court fees.

jonahsmom Posted 7 Mar 2011 , 3:03pm
post #17 of 17

I don't think small claims court would get her attention. But having criminal charges pressed against her definitely would! Our county attorney handles this type of situation and all we have to do is go in for a form to fill out and have the sheriff serve the check writer (nobody else can accept service - it HAS to be served directly to the check writer).

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