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Legal Question


Flyin34

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Well, it happened. I thought I might be in the clear since I had deposited the checks Monday morning after J&S paid us, and almost 2 weeks has gone by. Today, though, I checked the account and $720 worth of checks came back along with $80 in fees (I know, I should have cashed the checks at their bank). Add over $500 that was owed to us on 8/4/2007, J&S screwed me in over $1300.

 

So, any of you that are wise in the way of law, do you think there is anything I can do about it? Do I have a claim in a small claims court? Do I have any kind of claim?

 

What do you think?

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Well, it happened. I thought I might be in the clear since I had deposited the checks Monday morning after J&S paid us, and almost 2 weeks has gone by. Today, though, I checked the account and $720 worth of checks came back along with $80 in fees (I know, I should have cashed the checks at their bank). Add over $500 that was owed to us on 8/4/2007, J&S screwed me in over $1300.

 

So, any of you that are wise in the way of law, do you think there is anything I can do about it? Do I have a claim in a small claims court? Do I have any kind of claim?

 

What do you think?

 

I am not a lawyer, I am giving opinion, not practicing law-with that disclaimer.

 

I believe that you are allowed to take that check to the sheriff's department and file charges for theft by check. They would probably plea bargain out to court costs, fine, and restitution. I personally hink everyone should do this that was passed a bad check, because you are not a business and do not have the option of applying returned check fees like a business does.

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A good point was made, if there was no legal binding contract on the track and J&S apparently weren't the rightful owners this whole time, who is legally responsible for the money owed to the drivers and employees? Who got the gate admission money and the concession money the weeks they did race?

 

Daniel, I would pay you to be my lawyer (I hope you practice law better than you race LOL), but I don't think they would let you in the courtroom!

 

Hey Nick, you never know. I have met some pretty sharp SOB's at the local tracks! There's bound to be a racecar driver/mechanic somewhere who passed the board!!!

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what about a class action. Being that j&s were in a contract with the yokums that should make them resposible for this. All drivers and employees that have bounced checks and money owed need to get together with copies of the checks and file together.

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.. SMALL CLAIMES .... BESIDES ITS AGAINST THE LAW TO GIVE OUT BAD CHECKS ..IVE BEEN THERE DONE THAT ... COST ME ALOT OF MONEY FOR HAVEING SOME I DIDNT KNOW I HAD ..THREE YEARS AFTER THEASE CHECKS SUPPOSE TO HAVE BOUNCED A NICE POLICEMEN SHOWED UP AT MY HOUSE AFTER I CALLED HIM TO FIND OUT WHY THEY WERE LOOKING FOR ME ... ... THE CHECK HOLDERS FILED .. THE PROBLEM IS ..WILL THEASE TWO POEPLE SKIP ......

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I already posted this and was edited out.I will try again.Go to the county DA and file criminal charges.Paying for goods or services with an insufficient funds check is called swindeling with a worthless check.Each check is a seperate officence.If its a stop payment check its a civil matter.You have to send a certified letter to the check writer demanding payment and charges.After 10 days you file.It must be the County DA for the jurisdiction,aka the track.I think thats Nuesas County.You must tell him its for SERVICES RENDERED- entertainment not prize money.-.Only The check writer can be arrested if he or she does not take care of this.Once you turn it over ,the DA ONLY can collect the amount.I have done this many times through my business.I plan to do this with my 195$ worth now.The unpaid money is just gone.Thats a small claims court deal but dont hold your breath.The check thing is CRIMINAL. Hope this helps.Getting paid would be the best solution for all involved.

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A good point was made, if there was no legal binding contract on the track and J&S apparently weren't the rightful owners this whole time, who is legally responsible for the money owed to the drivers and employees?

 

To my knowledge there was a legal binding contact to purchase and operate the track. They operated the track as of the August 4th till today. That makes them legally responsible for the debts. (I am not a lawyer but I did stay at a Holiday Express once".

Who got the gate admission money and the concession money the weeks they did race?

 

Shelma Walton and James Beasley received all of the money from the August 4th race and beyond. The Yocums are also victims in this deal.

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where is rick day when we need him ..come out of hideing rick ..... owell go out to thunder hill and eat some of lalo's bbq for me ..

 

He's probably wishing he could get paid too and wishing he hadn't been sucked into this mess in the first place...if I had to guess.

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San Antonio District Attorney Susan Reed dispises hot check writers. She strives on punishing to the fullest extent of the law and will find your a$$ if your writing them. Especially if you have done it numorous times. Hope you guys get togather and call her office.

 

 

i agree, we take any bad checks to the D.A. They seem to be very good at getting your $. we also add in $30.00 per check for fees. Good luck.

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I agree I think if someone would get all the drivers and employess togther that got hot checks and checks that they havet deposited yet they could get a class action suit going on this. I will call the DA"S office and see what can be done about money owed, etc. I will let everyone know

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where is rick day when we need him ..come out of hideing rick ..... owell go out to thunder hill and eat some of lalo's bbq for me ..

 

He's probably wishing he could get paid too and wishing he hadn't been sucked into this mess in the first place...if I had to guess.

 

Let's not drag the good guys in with the bad. Rick is probably sitting around hoping to find some employment in the racing industry that doesn't take him away from his friends.

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Let's not drag the good guys in with the bad. Rick is probably sitting around hoping to find some employment in the racing industry that doesn't take him away from his friends.

I had lunch with Rick yesterday. He's OK, but is needing a job. Soon. Real soon.

 

Nick

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Thanks guys for asking about me. I am also owed alot of money from my former employer. I am holding 2 checks that actually bounced and 1 that i can not cash(tried 4 times now).

 

Now my next question is, I was an employee and they withheld payroll taxes from check, I just wonder if IRS has been sent my withholdings and there matching. I know for a fact IRS dont play about payroll taxes. This could get real interesting. Not that im threating anyone by anymeans, Just wonder how it was taken care of.

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