View Single Post
  #6 (permalink)  
Old 06-10-2006, 08:48 PM
FireandIce's Avatar
FireandIce FireandIce is offline
Acorn
 
Join Date: Mar 2004
USDA
Posts: 24
FireandIce is an unknown quantity at this point
That's an awful position to be in. Please be very careful in your collections proceedings as laws will dictate how it can be done. You can certainly attempt collection from 'Party B' since that is where the contract orginiated, but I don't recommend her client.

First can I ask if your bank intends to resubmit the check? Was the check returned to you, or did they keep it? If you have it you can always call to verify funds, and if the funds are there I'd be at THEIR bank to immediately cash it.

Not knowing exactly what the contract states, going after her in court is definitley an option, but be cautious as to what you request and how you go about it. Typically, we all know how things can vary from state to state, you need to have some type of documentation in place showing you tried to successfully deal with this out of court.

Send a 'reminder letter' stating specifically how long you will wait for payment (ie- payment must be received within 14 days or futher action will take place).

If nothing then send a 'final notice' letter- certified AND regular mail to ensure there is absolutely, positively no way they didn't get it (even if they refuse the certified piece). Again, you will need to explicitly state a date or X number of days or the account will be taken to court.

If you end up in court make sure you have copies of the letters you mailed, green receipt card from certified mail whether it's refused or not, notice from your bank and any relevant, detailed notes you have- the more the better.

Now as far as the contract (keeping in mind the variables from state to state)... unless you have somewhere in there late fees/interest (in accordance with the law), court costs, etc typically you're not awared them in conjunction with the balance due. Not saying you can't try because you certainly can.

HTH
Reply With Quote