Requiring Money Order or Cash

[Erol Kartal]

As my commercial business grows there has been a small increase in getting stiffed by low life investors. I prefer to be pro-active with issues and have been considering the requirement of a cashier's check, money order or cash for commercial inspections. This has only happened when I found numerous, major deficiencies in older buildings. I think the additude is I ruined their low life parade so why should they pay me? They all said they liked my thoroughness and accuracy - zero complaints. Anyone else tightening up on payment policy?

[Jeffrey R. Jonas]

Erol...

Fortunately, I have not had any issues with payments...yet. But, please be advised that "cashiers checks" and "money orders" are easily forged, and have been an issue for a couple of years now. As computers/printers/software, etc. advance in technology, anything on paper is suspect.

Good luck to you,
Jeff

[Nick Gromicko]

The comercial agreement within www.nachi.org/comsop.htm permits collecting a deposit and then full payment at the walk-through survey portion of the inspection. Better explained in www.nachi.org/commercialcourse.htm

[William J. Decker]

Erol.

You live in Illinois. If they pay you with a rubber check, just hand it over to the State's Attourney. They will collect for you and get a penalty from the client.

I have had a couple of dead beats who bounced a check. When I called them, it was clear that they were not going to make it good. I just turned it over to the State's Attorney (you have to go down there and fill out a form). I recieved my money in 30 days. The client's had to pay them (which they passed on to me, in full) pay a fine and go to a Saturday class. If they don't, the State's attorney files criminal charges for kiting checks against them (which includes jail time).

Hope this helps;

[Erol Kartal]

Thanks Will, it sure does help. I filed the other day with the States office even for a modest debt-beat. The guy laughed at me on the phone when I told him to pay up. I am seeking the debt and an additional $300 for my documentation prep time.

[Dale Duffy]

Originally Posted by ekartal

As my commercial business grows there has been a small increase in getting stiffed by low life investors. I prefer to be pro-active with issues and have been considering the requirement of a cashier's check, money order or cash for commercial inspections. This has only happened when I found numerous, major deficiencies in older buildings. I think the additude is I ruined their low life parade so why should they pay me? They all said they liked my thoroughness and accuracy - zero complaints. Anyone else tightening up on payment policy?

Never been stiffed on a commercial job...a 225 buck (spit) 800 sq ft condo..ahah...--

[Joseph Burkeson, CMI]

Just had my 2nd bad check in 5-years, last one said sorry where can I meet you and give you cash, nothing from the 2nd one. Funny thing here in Florida a check over $150 is a felony. Check out the law below, boy are they in for a surprise.

Worthless Checks:
Any person who issues a worthless check may be prosecuted under Chapter 832 of the Florida Statutes. A person is presumed to have the intent to defraud or knowledge of insufficient funds in the drawee bank unless he or she, or someone for him or her, have paid the holder of the worthless check the face amount of the check, together with a service charge not to exceed the service fees authorized under Section 832.08(5) of the Florida Statutes or an amount of up to 5 percent of the face amount of the check, whichever is greater, within 7 days after receiving written notice that such check has not been paid to the holder thereof, and bank fees incurred by the holder. (Section 832.07.) This penalty does not apply to any check when the payee or holder knows or has been expressly notified prior to the drawing or uttering of the check, or has reason to believe, that the maker did not have on deposit or to the maker's credit with the drawee sufficient funds to ensure payment, nor does this apply to any postdated check. (Section 832.05(2)(a).)
In the event of legal action for recovery, the maker of the worthless check may be additionally liable for court costs and reasonable attorney's fees. The required Notice must be mailed by certified or registered mail, evidenced by return receipt, to the address printed on the check or given at the time of issuance and may be deemed sufficient and equivalent to notice having been received by the maker or drawer, whether such notice is returned undelivered or not. The form of the written notice demanding payment is required to be substantially as follows (Section 832.07):

"You are hereby notified that a check, numbered 1014, in the face amount of $325, issued by you on June 6th 2008, drawn upon Florida Central Bank , and payable to Square-One Inspection, has been dishonored. Pursuant to Florida law, you have 7 days from receipt of this notice to tender payment of the full amount of such check plus a service charge of $25, if the face value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value exceeds $300, or an amount of up to 5 percent of the face amount of the check, whichever is greater, the total amount due being $330. Unless this amount is paid in full within the time specified above, the holder of such check may turn over the dishonored check and all other available information relating to this incident to the state attorney for criminal prosecution. You may be additionally liable in a civil action for triple the amount of the check, but in no case less than $50, together with the amount of the check, a service charge, court costs, reasonable attorney fees, and incurred bank fees, as provided in s. 68.065."
Subsequent persons receiving a check from the original payee or a successor endorsee have the same rights that the original payee has against the maker of the instrument, provided such subsequent persons give notice in a substantially similar form to that provided above. Subsequent persons providing such notice shall be immune from civil liability for the giving of such notice and for proceeding under the forms of such notice, so long as the maker of the instrument has the same defenses against these subsequent persons as against the original payee. However, the statutory remedies available may be exercised only by one party in interest. (Section 832.07.)
In any prosecution or action of a worthless check, payment of the check by the debtor does not constitute a defense or ground for dismissal of the charges. (Section 832.05(5).) In a criminal prosecution, the maker of the worthless check may be subject to a misdemeanor charge if the violation involves a misdemeanor in the check amount is less than $150.00, or a felony if the check is in excess of that amount. (Section 832.05(4)(c).)

[Larry D. Kage]

Originally Posted by jburkeson1

Funny thing here in Florida a check over $150 is a felony. Check out the law below, boy are they in for a surprise.

That is a good law...