Re: Insight greatly appreciated....



<vw3321@xxxxxxx> wrote in message
news:1155268333.246276.259040@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Hello,
Here is the situation:

I have two situatuions in one actually. I'll start at the beginning.

First, a check was written 20 months ago directly to the credit union.
The check was for a rent payment in the previous house I was living in
at the time.My husband (not on the account, but thinking he was being
helpful) actually wrote it while I was in the hospital sick and
apparently told Mr. S (who is the father of the man we were renting the
house from and always INSISTED he pick up our rent check personally)
to hold it until the 15th, to which Mr. S. agreed and then went ahead
and presented it anyway for rent payment. (our rent payment was being
used by his son as partial mortgage payment for him) So, supposedly it
bounced. I was never notified in any way...written or called, by the
bank or anyone else.

I really don't know what happened after that. From what I can tell the
'story goes'---apparently, then for some reason, Mr. S. was told the
check bounced and they needed a mortgage payment. He went down,
I guess made some mortgage payment and somehow ended up with my
check. Why did
the bank give this man my check? It wasn't made out to him, wasn't for
any of his bills, wasn't his 'loss' in any way? The check was made out
only to the credit union.
I'm confused at why a bank would just hand him my check like that. Can
anyone walk in and 'claim a check'? Then use it as they want for id
theft , etc?

Ok......now flash to present day.

The thing is last week this constable man showed up with this check at
my husband's workplace. He says he has no legal papers, no warrants, no
summons. Only that he is "doing a favor for a friend" (Mr. S) ---that
he just wants his money back for this check.

He then threatened my husband and said if he didn't pay it, he would
have him arrested and sent to jail. My husband gave him all our numbers
to reach us, said he needed to talk to me and set up a time to meet him
again this friday. He offered to set up payments. The constable said
absolutely not. He asked if he could make a copy of this check to show
me. ( I still to this day have not seen this check, however everyone
else has --he's shown it to all in the workplace) The constable again,
said no. No copy of the check.
Two days pass, he shows up again at my husband's work, which is a
business owned by my sister. He tells my sister he wants to talk to
me....that he talked to the wrong person, he needs to talk to the
person on the check. I do not work there. She told him that. He
insisted SHE call me. He showed her this check and told her I was in
serious trouble.

Next morning, My husband then calls him, no answer so he leaves a
message telling him to call and that if he would like to talk to his
wife he can reach me on the same phone. If he has any questions, please
call, etc.

Within an hour, he shows up at the workplace again, trying to force my
sister to call my husband at their other store. She refused. He said
call me. She refused. All this time, he never once called me or my
husband at any line. One of these lines is one he was trying to get my
sister to call.

Again, he made 'legal threats'...........he said this is a legal
matter, my sister said is it really? He said, well no, I"m doing a
favor for a friend. He left in a huff.

All he has to do is call me directly; he refuses. Still no call or no
direct contact with this man is running around with one of my checks
from 20 months ago, showing anyone who will look at it, EXCEPT Me!???
I'm confused. Why does he have my check now? Again, made out to a
credit union.

I still haven't spoken to this constable. I called and asked what to
do about him and his harrassement, I was told to report him to the
District Attorney; that he is completely out of line.

But ......what about this check? I mean, I have never heard from this
Mr. S. ........I have actually never met him. He worked through my
husband. Now he claims he went and paid my check for me at the bank?
Why did the bank give him my check that bounced to them? Not him.

Is there anything I can do about this new man having my check out
there showing it around?

They want me to pay a check, that I haven't seen, and just trust them
that I owe this 700 to them? Refuse to show me a copy of it, refuse to
call me but continue to demand payment from my husband and action from
my sister.

Why didn't the bank just contact me about the check? Shouldn't I have
paid them?
What will happen to me now ? I didn't write the check, didn't present
it for payment to the bank and now I owe Mr. S through this forceful
constable, who claims to be doing a friend a favor, not legal stuff but
constantly reminds my husband and my sister he is a constable????

Is there a chance this constable is actually going around buying
people's 'so called bad checks' and then trying to force them with
'scare tactics' to pay him??????

He also had the check in a 'sealed plastic envelope', had a 'case
number' and an officer's name on it. When My husband asked him about
the officer, he said, ohhhh, he's not with the force anymore. He
retired two years ago.

Ok..........ANY insight is so greatly appreciated. I tried to stick to
the facts and my questions.

The facts you presented are confused, but based on my own inferences and
assumptions, I think you should adopt the following position:

1. As far as you know, no check of yours has bounced. Your have not been
notified of any such event by the drawee bank or by the payee. You have not
been shown any check of yours having markings on it showing that it was
dishonored. No payee has ever requested payment on the dishonored check or
payment of unpaid rent.

2. You don't care who has the check. You don't care who the bank gave it
to or who the payee gave it to. It isn't yours. It belongs to the payee or
a subsequent holder. The bank probably did nothing wrong. If the check was
presented to the bank for payment and payment was refused, the bank would
have handed the check back to the person who presented it. That may have
been Mr. S or his son. There is nothing wrong with giving the check back to
the person who presented it to them.

3. Mr. S has no right to any money from you in any case. Mr. S was not the
payee and was not the landlord. Mr. S may have made a mortgage payment for
his son but that doesn't mean Mr. S paid your rent for you. He didn't do
so, as far as you know, and even if he did, that doesn't create a debt. Mr.
S may sue his son for reimbursement for the mortgage payment, but that's not
your concern.

4. If someone sues you on the bounced check you will defend or settle, but
that's not today's problem.

5. If anyone harasses your sister or your husband, that's their problem.
They have the right to tell the ex-constable to take a hike. They don't
need you to intervene and protect them. (Except that someday your husband
might ask you to confirm that you authorized him to issue the check)
Whether the ex-constable has committed a crime by impersonating a police
officer is also not your problem. You have not been the ex-constable's
victim and you have not witnessed any crime.

6. You are not interested in talking to any ex-constable, or Mr. S or any
agent of Mr. S. If you are sure that you didn't subsequently pay the rent
that the check was originally intended to pay, and if you want to make good
on a dishonored check, the way to handle it would be to offer to meet with
the original payee of the check if that person will bring the check along to
the meeting (to which the ex-constable is specifically not invited). There
is no need to talk to any ex-landlord about alleged rent owed. If that
person had any claim it would have been raised 20 months ago. They may have
lost the original lease and/or all records of payments, as far as you know.
They may have no interest in collecting anything from you as far as you
know.

This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com

McGyver


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