Customer's check bounced... now what?

To many ads? Support ODJT and see no ads!

Papa Deuce

Mac Daddy DJ
Aug 8, 2006
19,843
594
64
Valley Forge Area
First time ever.

I will call them and ask for cash... but this was a check from the mother of the bride, presented to me by the groom. Who should I call?

If they don't give me cash, do I just file a suit in small claims court?
 
call the name on the contract..ask for a postal money order or certified cheque to be recieved within *** days. If it's close by, offer to pick it up. If they renege again, another phone call....give them one more chance...then file the action.

Document your phone calls.....and other discussions and don't forget to tack on the NSF fee......
 
I'm with thatmusicguy. It could be an honest mistake... give them a chance to make good on the check and any NSF fees you may have incured as a result of the check.

This is yet another good reason to be paid a minimum of 10 days prior to the event... if not sooner. I have it in my contract that if a check bounces the client is resposible for any bank fees I incure as a result. I also make it a point of not spending anything from a posted check until it has had time to clear the bank.

If the client doesn't make good on the check then a small claims case could be opened or your could use a debt collector.... either way you do have to show that you gave them ample opportunity to respond and make good on the debt.... and until they do I'd not do the show.
 
First time ever.

I will call them and ask for cash... but this was a check from the mother of the bride, presented to me by the groom. Who should I call?

If they don't give me cash, do I just file a suit in small claims court?

agreed with others...assume it's a mistake until proven otherwise...and make sure they pay the charges that you got for depositing a bad check
 
It's happened to me before -- yet always made good.

Usually, it's someone forgot to deposit the funds from a wedding (they're away on honeymoon, and Mom forgot to go to the bank), that sorta thing.

Or, maybe they had a subprime mortgage :sqlaugh:


Give 'em a chance to make good first. Then, see whether it is worthwhile to go to court -- sometimes it costs you more than it's worth... "Doing it for Principle" doesn't count on bank statements ;)
 
If you have to file a claim, make sure you contact someone in your area to find out the proper channels. Call the district attorney or the county attorney.

Do your homework so you know what to do and when.

I had to do this once and I had to send 2 letters so many days apart. Then contact the police if they didn't pay.
 
This happened to me once before Papa. When I found out the check was returned I left a message for them on the grooms cell phone. They were away on their honeymoon for 7 days. As soon as they got back the bride called me and made good on the debt. The groom had an automatic debit set up for the mortgage payment, this is what made my check bounce. He pesonally went to my banks nearest branch to his home and deposited the cash into my checking account with an extra 30.00 to cover the fee.
I say call the bride /groom and work it out.
 
I'd be cool about it. (Not say anything about small claims court)

Mistakes happen, Give them a heads up....
I bet it will be corrected fast out of embarrassment.
 
I have to side with the others here, Papa. Give the couple the benefit of the doubt first.

I got burned 3 times over the course of 10 years. The second time it happened, I changed my contract stipulations. The first and third instances were innocent mistakes on the couples part. The second instance wasn't as pretty - I had to involve the local magistrate and small claims court.

After the second instance, my contract was changed to read that I do not accept personal checks - PERIOD. I am attaching the 3 pages of my contract here for everyone's benefit so that perhaps it may help someone in the future.

This contract was drawn up by my attorney.
 

Attachments

  • Contract page one with 14 day RETAINER info updated 10_23_2006 with sample insert.doc
    33 KB · Views: 26
  • KICKIT CONTRACT PAGE TWO revised 10_23_2006 with sample text.doc
    29.5 KB · Views: 20
  • KICKIT CONTRACT PAGE THREE with retainer inclusion info sample copy with sample text.doc
    306 KB · Views: 16
Love to chat with your lawyer. Is the format in the .docs the actual contract or is the various highlights, bolded letters, and miscellaneous colored, sized, and selected fonts your spin?

While I see the intent of much of it, there's concern with typical ambiguous terminology.

The tact taken in these three .doc is evident. Strong, honest, to the point, but almost reads like a "dare" as opposed to a mutual covenant. Where's is the client covered in any of this?

Without mutuality, you're a dead man.
 
if they claimed they sent a money order and will get back with you once they trace it take em to the cleaners.
 
Papa,

For what it's worth I concur with the rest. Presume this was an oversight and be professional about it.

Reason I say this ~ penalties for writing bad checks are rather stiff. Ordinary people don't deliberately put themselves at risk by kiting checks to contractors.

Let us know how it pans out.
 
Love to chat with your lawyer. Is the format in the .docs the actual contract or is the various highlights, bolded letters, and miscellaneous colored, sized, and selected fonts your spin?

Yes, Cap - the highlighted and colored and selected fonts are my spin. I formatted the pages this way to make it easy to read, and also because I wanted the more important parts and clauses of the contract to "jump" off the page at the client.

While I see the intent of much of it, there's concern with typical ambiguous terminology.

Where do you see ambiguity? The fact that I am to the point as to what I provide and what is expected of the client? **And please take no affront at my response. I consider you to be a leader in our industry and look up to you as such**

The tact taken in these three .doc is evident. Strong, honest, to the point, but almost reads like a "dare" as opposed to a mutual covenant. Where is the client covered in any of this?

The contract terms are indeed strong, honest and to the point. There's a reason I had it written this way - to weed out the bad apples that seem to exist when it comes to hiring our kind of service. My cover letter that accompanies all correspondence includes a line in bold red that says "Please find attached a 3 page contract for hiring purposes. Said contract shall serve as a receipt for services and shall be the only cover sent. Should you as the client, disagree with anything in said contract, DO NOT SIGN IT!"

I honestly don't see the "dare" spin in the contract. There are parts included that may seem a little strong, but it reads that way to protect both the client and myself. It spells out exactly what I require and what the client should expect.

Again, please take no affront at my response. I consider you to be a leader in our industry and look up to you as such.


As for your question "Where is the client covered in any of this?"

The client is assured of a seasoned professional that looks after their every need and want when it comes to the performance. I have never missed a performance in the 20 years I have been doing the mobile thing, nor have I ever been so sick to have to cancel on a client. My reputation precedes me in ths market due to my relationship with all of the vendors and banquet facilities. I have and continue to spend time building and forging those oh so important relationships with the hotels and banquet managers and facilities in the Triad area. I can't count the number of times I have been told by banquet managers how much they appreciate the fact that I take charge of the events I am contracted for, or how many times I have been told that I am the only DJ that provides a typed format/timeline for Wedding Receptions, so that everyone involved with the production of said events knows where they are supposed to be and when.

Mutuality is what I strive for when it comes to working with Brides & Grooms. They understand that I am going to help them achieve the goals they wish to accomplish for their special day by offering guidance and experience.

Each and every client is also guaranteed in writing that I am happy to go the extra mile to make their event special.

The contract was constructed in this manner after reading over ProFormance Dj's "Booking The Entertainment" form which can be found here:
http://www.proformancedj.com/contract.htm

I wanted my contract to include all these elements so as not to leave any stone unturned. I hope this helps explain why the documents are written in such a way.
 
I've had 5 bad checks in my 20+yrs of being a mobile DJ...which is not bad at all.

All 5 were embarrasing mistakes for the customers (not intentional) I didn't make a big deal out of it & continue to take checks.
 
Usually bounced checks from B&G's are because of them merging accounts and that type of thing but from the mother? Hmmm... Just contact whoever signed the contract and have them issue you a new check, no biggie. If that one bounces, then drop by with your buddy Bruno to collect the cash. Sorry, I'm Italian and my good friend just happens to be named Bruno, no joke. And yes, he is in the concrete business. Again, no joke...
 
Agree with the others...could be an oversight, or error...give them the benefit of the doubt. As to who is responsible, you have 2 options:

Look at your contract and see who is responsible for payment...go to that person and have them make good...and dont forget to get your NSF fee, which should include a fee for your time, plus whatever your bank charged you. The person who contracted with you as responsible is LEGALLY responsible for paying you and the fees...but you have a second contract...the check itself. That contract is also enforceable if you have resistance with YOUR contractor.

If you get stonewalled at that juncture, you still have the check presented to you thru the mother, so you could work with her...either by calling the bank and re-presenting the check in person once the balance clears (and cashing it on the spot), or if that is not an option, and you are further stonewalled, you may be able to merely turn the check into your local state attorneys office, and they will be more than happy to collect for you. I did this all the time when I had my grocery store....just drop the check off, fill out the paperwork and they do all the leg work of arrest, prosecution and collection without you having to break a sweat...and it is free. That option may vary from state to state, but you wont know until you look into it.