I need advice!!

ayeelkay · Dec 10, 2010

I know it's a lot to read...

I wasn't sure where to post this, but I need some advice! A few weeks ago I was contacted to photograph a woman's grandmother's birthday. Not something I would normally do but she was strapped for money and wanted to remember the day. It went well - shot for 2 hours, did some family portraits and sent her the disk of over 150 photos from the day. All of this for $100.
Well, she sent me the check, I cashed it and I thought all was well. She emailed stating that the first disk was somehow broken - how I don't know. So just recently I sent her out a new one and apologized.
I got something in the mail today stating that her check had bounced because of 'insufficient funds' so I was charged a $10 fee and my bank account was overdrawn because of this, giving me another $35 fee.
I emailed her and asked what was up - she told me because the first disk was broken and she had yet to receive the replacement, she put a stop payment on the check! So I was charged a total of $45 because of this!
I am a very honest person, this makes me unbelievably angry!
Has anyone had to deal with something like this...how would you even deal with this?

Chamelion 6 · Dec 10, 2010

Insufficent funds and a stopped check are two different things. If your bank told you it was returned for insufficent funds then that means she wrote a bad check which is illegal. Your bank should return the deposited check and it should be stamped with the actual reason for the return.

However, regardless of the reason for the return it is customary for a business to pass the extra costs to the client. It is generally the responsibility of the client to cover all those fees provided you delivered what you promised. You might have to take her to court to get it though.

I'm not in business so I've never had anyone do that to me, but I was in banking for several years, so that is the background for my answer.

GeorgieGirl · Dec 10, 2010

There is a magnificent difference between a deliberate stop payment and insufficient funds.

If you sent her the second disk with good photos and she has not made good good go to your bank and ask what is necessary to 'put the item through for collection'. Which should mean that they watch until she has the funds in her account and then you are first in line.

If you get half of what you are owed after alls rots of fees, then take it and screw her. Post your comments about what happened on your FB page if you have one, no names, just the dates and times and events.

Six degrees of Separation.

Good Luck.:thumbup:

ayeelkay · Dec 11, 2010

Thanks for the two responses

The stamp on the check returned said insufficient funds, but when I contacted the lady, she said she had stopped payment.
Who knows, I never expected something like this to happen.

ayeelkay · Dec 20, 2010

Bump and update!

I STILL have not heard back from the lady. It's been a week since she received the disk now. She will not answer my emails or phone calls.
Should I just let it go?
Never had to deal with someone like this before..it is VERY frustrating!! :x

KmH · Dec 20, 2010

And you won't hear from her.

Short of taking her to small claims court, you have no recourse.

She has what she wanted.

Did you execute a contract with the woman?

To state it baldly, you got scammed and she got 2 discs of images for free.

She should be reported to the police.

bazooka · Dec 20, 2010

Wow, I'd be super peeved. Hope you get your payment.

ayeelkay · Dec 21, 2010

KmH said:
And you won't hear from her.

Short of taking her to small claims court, you have no recourse.

She has what she wanted.

Did you execute a contract with the woman?

To state it baldly, you got scammed and she got 2 discs of images for free.

She should be reported to the police.

Stupidly, I didn't have her sign a contract. All I have is the emails from her stating that she agreed. Which I guess that would show something.
I'm not sure how to report her, or I would. I mean, It's only $100 but still, it's more the point of it now.
Not sure how people can be so heartless, especially this time of the year.

KmH · Dec 21, 2010

No, it's now $145, and you will likely never see that money.

She planned, and commited a fraud. Con artists rely on people not doing anything about it.

Your emails are the next best thing to a contract. At least the agreement is recorded.

To report her, simple go to the nearest police station and file a complaint.

ayeelkay · Dec 21, 2010

Thanks for your help

I'll post an update when I have one.

GeorgieGirl · Dec 21, 2010

Yup, one good turn deserves another. Talk to the police and go as far as you can as long as its a practical approach for your time and effort. No way should you just let it go, a little push back toward her is in order.

Again, you can take the check to your bank and if it is indeed NSF (an not stopped) you can put it through "For Collection". Which means as soon as there is enough money in her account that check gets paid before anyone elses, (Think about the fun that will cause:greendev

Talk to your bank about this option, it will probably have a fee assocaited with it, but you may get something after all.

ayeelkay · Dec 21, 2010

OH I didn't even think of that! The check was stamped 'insufficient funds' but she told me she had stopped the payment. So I'll have to go back to the bank to see what I can do! :sillysmi:

mwcfarms · Dec 21, 2010

Good luck. Let us knw how it all goes.

ayeelkay · Dec 31, 2010

For those of you who care..I just wanted to post a quick update.
I STILL have not been able to get ahold of her. I contacted my bank (due to being told by numerous people that I could be the next in line to receive the money once it was in her account)and was informed to contact her bank (because it is in a different state than mine). So, I did this and was told that her account had been CLOSED. Very nice.
Will be going to the Justice of the Peace hopefully today to pick up the paperwork to file the complaint. And HOPEFULLY finally get the payment!