Very true that you can not enforce a contract fr an unlawful service. However, I doubt that it will really matter. In this case revenge is as much a factor as collecting the funds. We have a few scenarios that would take place fi Taylor followed my suggestion.
1. If the address on the check is still valid, wifey will defintiely want to know why the bum is receiving mya from a woman. Good chance she will open it and read, then sparks will fly. To get the maximum reaction, I suggest sending the forms in as feminine an envelope as you can find, scented wouldn't hurt.
Chances of the bum showing in court are fairly small. If he does show, basically it will be his word that she performed unlawful services in exchange for money versus her assertion that she danced/massaged the bum and he gave her a bad check. She will be standing there with a bounced check and he will have nothing. The bum can't even bring in a copy of her webpage, Taylor doesn't have one at the moment.
2. Invalid address, no one show in court, automatic judgment against defendent. Now she has get a copy of his credit report which she is legally allowed to have, $6-$20. Now she has the most recent report of his residence and job. Verify the job with a quick phone call. If he still works there, a quick trip to the Sherrif's office and fillout a garnishment order. If he owns a business, ask the Sheriff's to do either a Till Tap or send a Keeper, both irritating and highly effective. If he is no longer working there then see if he owns the house. If he does, then quick trip back to the Court Clerk, small filing fee ($10) and you get an Abstract against his home, send him his copy at home, following suggestions for previous mailing, the sparks fly and eventually you will get paid, might take a few years but getter than nothing. Not to mention you get 10% interest!
3. Worst case scenario, invalid address, no job and invalid addres or he rents. You can't find this out until you have taken all the steps to get a copy of his credit report. At this point you have wasted about $30 and a couple hours playing around at court. You have a valid judgment but no viable way of collecting. About your only option is to take your judgment to a collection agency and see if they will buy it. Most likely not and if they do it will be for only pennies on the dollar. There are actually a couple of other options but sezing chattels can be a hassle and expensive for the novice. No to mention the fact that if he is this big a bum he probably doesn't own anything worth taking and selling. You have to chaulk it up as a learning experience.
do what any person or business would do to collect. File in small claims court and mail the paper work to the address on the check (I assume it is either bogus or old). Show up in court and tell the judge that he gave you a bad chekc and get your judgment plus costs. Now the fun begins. You are now a legal creditor for the jerk. You can have a credit report run on him adn find out where he works and lives. Now that you knnow where he works, go the Marshall's office and garnish his wages. The nice Marshalls will have a certain amount (usually $100) removed each week/pay period from he goons paycheck plus their fee, which is steep. You will start getting checks from the Marshalls in about 6 months and keep receiving them until paid. Now for a finishing touch you can send the 'Satisfaction of Debt' letter to his home. Make sure to include the wife's name on the paperwork and envelope, community property after all! Now just imagine him having to explain that to his wife
invoke what's called a "Writ of Execution" on any/all of his accounts at that institution via the small claims process using the Sheriff's Department Court Services Division. The Sheriff will charge you $30 but they will add that cost to the amount needed to collect.
I do believe the bank has 10-15 days to garnish the full amount to satisfy your claim, plus interest and costs. It's alot better than the Wage Garnishment because you get your money quicker if he has money in the account. If he doesn't have money in that account, since you asked for all accounts at that institution, the institution is obligated to look at other accounts he may have to collect the money due to you.
You'll get a check in another 21 days from the Sheriff's Dept of what was collected. If you didn't get all your money, use the wage garnishment as MichaelCA pointed out.
Good luck and in the future, remember to politely inform your clients before services are rendered that you don't take checks, credit cards or run a tab. )))
you can have the Court issue an Order for Appearance of Judment Debtor. This is a court order requiring Mr. Jerkface to show up and answer all your questions about his assets so you can collect your judgment. If he does not show up, which happens quite often, the Court can and will issue a bench warrant for his arrest. Then it becomes a criminal matter since he violated a court order.
If you already know that this bozo has a cash-type business, you can have the Marshal serve a "Tap Till" order where the Marshal stands by his cash register and collects the money customers pay until he has enough to satisfy the judgment.
I realize this isn't very helpful, but I don't think this is the kind of business that should be done by check. TheLostSchlong and others will give you longer dissertations about the legal ramifications of leaving paper trails like that.
If the account on which the check is drafted is still open, you could take it down to the bank and tell them you need to deposited some money into that account before cashing the check. Ask them to verify the funds, if the check will clear, just cash it. If not, get the teller to tell you how much you need to deposit in order to cash the check, deposit that amount in cash and then cash the check. This way you'll get at least some of the money. I've used this process for getting bad checks cashed before and it's worked quite well. It break some of the teller banking rules, but if you do it the way I've described, most won't realize that you're asking them to break the rules. Tell them first thing that you need to make a deposit into the account on the check, before cashing it.
Beyond that, even most legal business don't take checks anymore, because bad checks are nearly impossible to redeem.
Sorry for invoking your name. I thought I had remembered you writing about issues like this in the past. I didn't mean to say you were long-winded. I was just trying to point out the paper trail element, without getting into it. I was actually hoping that you might have some input on the issue of creating a paper trail between clients and providers.
True this is a legal issue too, and the vix could get in a lot of trouble even in small claims court if a judge started asking intrusive questions about the transaction. If I were a vix, I never would go to small claims, but then I would absolutely never take a check. If there are $$ in the bank. an ATM is always close by. A check means he's got no $$ in the account. Duh. Never take a check. Have an excuse. Oops I gotta go, my period just started and I hurt big time. Get the $$ upfront.
Hi, Ive taken checks a few times, from men Ive known real well, and then even I didnt feel comfortable doing it. I had a prolbem once when the check bounced too. I will never do it again. Why should I , or we? Were providing for them right there and then, . and they dont have wait, why should we wait for what we want and need and have worked for! All Is Fair In Love And War!! Related Link:[email protected]
Taylor, I guess we see that the clients who responded to your post on this thread are sympathetic to us when it comes to being ripped off. Aside from perhaps a paypal deposit (under a different unrelated business name), it's cold hard cash.
Why should you as a small business owner take the brunt of bad checks if not necessary? It's working double ... once to do the job, again to retrieve the payment. Do what the Vietnamese nail salons and some others do...(they even post the sign) "We dont take checks, even good ones". That's what I say when asked.
I've worked for small companies with cash flow problems where it became so bad, that each employee was forced to outrace the other ones to the bank before funds ran out. Even if you love your job, working double for you money is demoralizing, and these check bouncers know that.
Why subject yourself to having to act as a collection agency? Or even make an extra trip to the bank to make sure he/she can flesh out the funds? This being said, dont let a client hand you that ole tired routine of...I've seen you three times, dont you trust me"?
There are far too many good clients out here who will treat you right..
Sorry, but I am just so amazed that anyone would take a check!
Ummm can I write a check too? Oh, wait that would make a paper trail. Either way, just write it off to experience and move on. I have fought to collect debts and it is not worth it.
I just have to say that you must be really nice and trusting to take a check and that says really nice things about you.
Don't change OK eh? There are a lot of really nice people in both sides of this fun business, and I suggest that you look for them. They are not too hard to find.
If you want a clue, (the men) they write those really kind reviews. You know, the ones that are not quite deserved....
I have known a number of providers that are just so sweet. They are really wonderful warm ladies who really enjoy what they do. Even if they post pictures that are a little out of date we forgive them. Oh, and then we write reviews that are so kind.
Why you might ask? Because, well they love us. And so nicely I might add.
I guess it is all about attitude. If we feel like you enjoy our company, we really appreciate it.
ok heres the deal... I have all of his information, from his dodge viper, home address, both work numbers and his office. After me (nicely)calling him for 2 weeks. He told me that I was a filthy w^^*e and because I had asked for the money he was making me wait another week. I was there for 5 hours at donation 300 an hour.He also told me that he would kill me if I came to his house to ask for it. All this coming from a 130 pound crack head. I know it was stupid to take the check but other people where taking his checks. He must be laughing..me straight from Canada and into LA. I've learned my lesson.
Taylor You need to stop communications with this “crack head” now. I have a close female friend that has me handle her “I need to resolved something” calls. Most of the time it is a simple as getting her car fixed or setting up a repairmen to come to her house. I never used to believe her when she told me that women were treated differently over the phone by men, but I saw a definite pattern. Ninety five percent of the time, I don’t even have to get aggressive over the phone, it’s just a male voice gets a different response, kind of sucks for you women out there, I know. Maybe this isn’t the case for most of you………. If your really feel like he is going to pay this in the next week as he said, find someone else (male friend, lawyer friend, cousin Guido) who will pursue any further phone contacts with this guy, let him make his threats of violence to them, which is unlikely. I only suggest this so that your “crack head” friend will know that your not alone in you endeavor of collecting this debt. If this doesn’t work I have a couple of guys that work with me, that out wiegh this guy 21/2 times, non-violent - but intimidating........
I'm really sorry to hear about your bad experience. I myself have had a few, and even though I know it isn't economically worth pressing the issue, I do anyhow, for my sense of pride in not being ripped off. Perhaps if you choose not to pursue the matter, do something really nice for yourself. Everyone makes mistakes - yet, philosophically speaking, WAS it your mistake to trust? Perhaps not; people like your crackhead client breed mistrust and make this world an ugly place. Just remember most people are not like that, and please take care of yourself and enjoy the good things in life. Atria
I was responding to Taylor's post asking for input.
I dont get asked about checks but rarely, and I dont like paper trails either ... Im baffled by your response to me. Please reread my post above.
As well, (and I'm assuming you directed your post to me since you wrote my name in the title, but I may be wrong)I'm clueless what your comments about "kind" reviews and old pictures have to do with any of this.
Feel free to private email me if there is something here that I am missing
Never accepted checks and am surprised anyone does! I just would follow thru in civil court. He will pay before date hopefully but make sure those extra bank costs are also paid. Let us know how you made out, good luck.
If either the consideration or the object of a contract is illegal, the bargain is treated as an illegal contract. Some contracts are illegal because expressly prohibited by statute (e.g., gambling contracts, contracts in restraint of trade, contracts to perform acts of prostitution); others are classed as illegal because they violate public policy (e.g., contracts to defraud or injure third parties). Where the parties are "in pari delicto" (each equally culpable in the illegal object or consideration), courts generally will not intercede to aid either wrongdoer. The effect is that the contract is void, that is, it is unenforceable in a court of law. That is basic law, Taylor. You cannot seek to enforce an illegal contract in a court of law. Anyone who tells you otherwise is mistaken. 'Nuff said? (TER lawyers....jeez!)
Very true that you can not enforce a contract fr an unlawful service. However, I doubt that it will really matter. In this case revenge is as much a factor as collecting the funds. We have a few scenarios that would take place fi Taylor followed my suggestion.
1. If the address on the check is still valid, wifey will defintiely want to know why the bum is receiving mya from a woman. Good chance she will open it and read, then sparks will fly. To get the maximum reaction, I suggest sending the forms in as feminine an envelope as you can find, scented wouldn't hurt.
Chances of the bum showing in court are fairly small. If he does show, basically it will be his word that she performed unlawful services in exchange for money versus her assertion that she danced/massaged the bum and he gave her a bad check. She will be standing there with a bounced check and he will have nothing. The bum can't even bring in a copy of her webpage, Taylor doesn't have one at the moment.
2. Invalid address, no one show in court, automatic judgment against defendent. Now she has get a copy of his credit report which she is legally allowed to have, $6-$20. Now she has the most recent report of his residence and job. Verify the job with a quick phone call. If he still works there, a quick trip to the Sherrif's office and fillout a garnishment order. If he owns a business, ask the Sheriff's to do either a Till Tap or send a Keeper, both irritating and highly effective. If he is no longer working there then see if he owns the house. If he does, then quick trip back to the Court Clerk, small filing fee ($10) and you get an Abstract against his home, send him his copy at home, following suggestions for previous mailing, the sparks fly and eventually you will get paid, might take a few years but getter than nothing. Not to mention you get 10% interest!
3. Worst case scenario, invalid address, no job and invalid addres or he rents. You can't find this out until you have taken all the steps to get a copy of his credit report. At this point you have wasted about $30 and a couple hours playing around at court. You have a valid judgment but no viable way of collecting. About your only option is to take your judgment to a collection agency and see if they will buy it. Most likely not and if they do it will be for only pennies on the dollar. There are actually a couple of other options but sezing chattels can be a hassle and expensive for the novice. No to mention the fact that if he is this big a bum he probably doesn't own anything worth taking and selling. You have to chaulk it up as a learning experience.
"Invalid address, no one show in court, automatic judgment against defendent."
No. The plaintiff has to demonstrate that the defendant was properly served notice to appear. You can't simply mail notice to an out-of-date or invalid address and then claim, "Well, I tried. It's his problem he's not at that address any more."
Snopes-- you must have just skimmed my post. The invalid address would be from the only document that the plaintiff had, the NSF check. Simply mailing a copy of the notice with a mailing certificate would easily meet the requirements of due diligence in small claims court.
They would have to prove that the payment was for an illegal act. If she claimed that the payment was for a legitimate massage that he contracted for (and paid for with his signature on a check) who is to say that it was for something else.
"They would have to prove that the payment was for an illegal act."
No. The burden is upon the plaintiff to demonstrate, through a proponderance of the evidence, that the debt was a valid (and legal) one. "He said/she said" is not generally considered "a proponderance of the evidence" by most judges.
She has a signed check from him which is a promise to pay and a valid contract. That is already proven. He would have to stand in court and argue that his payment was for sexual services and therefore an illegal act, and the court should relieve him of the duty to pay due to his committing an illegal act.
People have already gone to court in California trying to be relived of debts run up in Nevada casinos arguing that because gambling is illegal in California, he is not required to pay and California should not enforce his contract to pay. The same would go for a bounced check to a Nevada brothel.
She will just claim like Demonsthes said, that the payment was for a massage. After all, no provider would take a check. How could she possibly prove the negative (that the payment WAS NOT for sexual services). He wouldnt even show up in court. He would pay it to make it go away.
Thanks for all the advice. You guys are right about the female voice. Before he wrote me the check he asked if I had a big black man to work for. I am so silly... I said no. I have a basic membership so I can't pick up your emails. You can reach me at [email protected]. My website isn't working for some reason (sigh). This of course after I've paid for the year. What I have taken from this business is = only work with reputable people!
Now because my website isn't working, people can't see my reviews easily. I now look unreputable...is that a word?
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