Returned Checks/NSF Clause

 
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Old 12-05-2005, 07:44 PM   #1
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Returned Checks/NSF Clause


Hey guys. Does anyone have a good clause in their contract for returned checks? I had a very affluent customer's home equity check bounce on my account and the bank was about to restrict my ability to cash third party checks due to their issues. Turns out the homeowners equity account was frozen over a $3.50 error, and was quickly resolved. However, the trouble it has caused me with my bank and the unexpected disappearance of a chunk of money from my account is enough to tell me I need a clause like yesterday. How much is too much to charge for returned checks? I was thinking of charging a $50 service charge for the inconvenience (the money should be there) and $25 returned check bank fee payable by the customer. Meaning, they bounce one with me it costs them $75, of which I keep $50 for the trouble and pay the bank their $25.
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Old 12-05-2005, 07:55 PM   #2
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Re: Returned Checks/NSF Clause


I thought $25 was the max charge for a returned check. I remember seeing something about that. May be differant in other states though.

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Old 12-05-2005, 08:18 PM   #3
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Re: Returned Checks/NSF Clause


That's fine if that's the limit. Does this mean $25 over the other $25 the bank charges me?
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Old 12-05-2005, 10:04 PM   #4
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Re: Returned Checks/NSF Clause


Around here it is about 40 dollars max. Check with the AG website in your state they have a cap set usually and posted.

I just had one on a small check but it was from my family. Their car was broken into and cancelled their checks. Luckily my bank did charge me so I was nice this time.

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Old 12-05-2005, 10:31 PM   #5
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Re: Returned Checks/NSF Clause


I consider this issue resolved, so I am asking: Why do the affluent bounce checks? I get this frequently (a few times a year).

We once brought an elderly ladies home (fixed income, welfare, foodstamps)back into compliance after an article in the paper noted that she was to be deposed. We eventually recovered our materials + about $500 at no request. She, and her family WANTED to pay for the repair, it was a matter of honor to them.
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Old 12-05-2005, 11:30 PM   #6
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Re: Returned Checks/NSF Clause


The part that I'm most concerned about is how to word this into my contract. Does anyone have any samples for this type of thing?
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Old 12-05-2005, 11:52 PM   #7
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Re: Returned Checks/NSF Clause


Caveat venditor....

How about:

If a check tendered for payment is not honored by the bank for nonsufficient funds (NSF), it will not be redeposited. If the bank does not clear your check, you will incur a fee of $25. Visa, MasterCard, and American Express transactions that are not approved or declined will also be subject to a $25 handling fee. You must immediately send a certified check or money order for the amount due, including the NSF fee, to {the contractor} to cover returned check or credit card transaction. Postdated checks are not an acceptable form of payment.
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Old 12-05-2005, 11:52 PM   #8
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Re: Returned Checks/NSF Clause


Quote:
Originally Posted by AAPaint
The part that I'm most concerned about is how to word this into my contract. Does anyone have any samples for this type of thing?

Regardless checks are binding contracts. In WA NSF check can turn into a 300 dollars or 3 times the amount of the check which ever is more. This if it goes to civil court and not turned over to collections. The 300 or 3x is a tactic usually used by collection agents here. But a charge for NSF is with in the law and doesn't need to be reiterated in a contract. I now in some state you can charge up to 90 dollars for a NSF.
But check your state laws for more info.
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Old 12-05-2005, 11:55 PM   #9
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Re: Returned Checks/NSF Clause


Quote:
Originally Posted by Teetorbilt
Why do the affluent bounce checks? I get this frequently (a few times a year).
Some wealthy figure their wealth can buy them certain perks
One of which is the ability to pass bad checks to SERVICE people, and not have them complain
After all, you are a SERVICE person
You should be grateful that they bless you with Their Presence
It really doesn't matter if they are buying a 37 cent stamp or a 37K addition
You are a SERVICE person

As per Rich Bastards:
We've got a lot of Old Money, New Money and No Money around here
There's a difference

When I was delivering furniture, you know who ALWAYS gave us a tip?

OldM MIGHT (and I mean might) tip a little (hey when they spend it-it's gone..if they spend too much, they'll have to get a job...hahahahahhahahahahhahaha....that's not going to happen)
And I do mean a little, like not enough to but a cup of coffee at Dunkin' Donuts....really....pretty sad...

NewM would not tip at all...ever
You are to worship them because of their wealth (don't you Know Who-I- Am/Who-You-Are-Dealing-With?)
* Former Manhattanites used to tipping MIGHT..and I repeat might....just give you something if the local NewM hadn't got a hold of them and called them suckers for doing so

NoM...well...if they were a former hair stylist, delivery guy, waitress,...even if they were buying the cheapest POS you had, they would tip you well

Story Time:
Growing up (in the '70's), my recently-divorced/new-job mom couldn't pay our (kids) Doctor bills in full
When she asked one of the secretaries (as they were called back then) if she could make payments, the reply was "no problem...it's the Doctor's wifes we worry about-they never pay"
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Old 12-05-2005, 11:55 PM   #10
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Re: Returned Checks/NSF Clause


http://www.haveaprofitableday.com/Ma...heck_Fees.html Max fee chart

Hot off google this is where the www.justfinggoogleit.com comes in handy. actually spell out fing lol
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Old 12-06-2005, 11:27 AM   #11
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Re: Returned Checks/NSF Clause


Purchaser agrees to be responsible for all charges the contractor incurs in attemps to collect payment.
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Old 12-06-2005, 06:57 PM   #12
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Re: Returned Checks/NSF Clause


Thanks everyone. Florida is $25...now, since the bank charges me $25 per check, am I able to charge the customer $50. 25 to the bank, 25 to me for my troubles?

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