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Author Topic:   OH YEAH FOLLOWUP ON LEGAL SITUATION
THE STEEL BEAST

Elite Bodybuilder

Posts: 1086
From:BORN IN A CAVE IN GERMANY AND RAISED BY A SHE WOLF.
Registered: Apr 2000

posted October 26, 2000 03:43 PM

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WHEN I GAVE HIM THE CHECK I TOLD HIM DONT CASH IT UNTIL THE 30TH DAY.HE AGREED.I CALLED HIM ON THE 22ND DAY AND SAID NO I DONT WANT THE CAR.BY THEN HE CASHED IT.HE BROKE THE AGREEMENT.

------------------
IN IRON WE TRUST.

HEAVEN IS THE BACKSEAT OF MY CADILLAC.


HEY ITS THERON!!!!!!! LETS KILL HIM!

I CAME.....I SAW........I BENCHED IT.......


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BigTruck

Pro Bodybuilder

Posts: 400
From:Beyond The Pale
Registered: Jun 2000

posted October 26, 2000 03:56 PM

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He would have to admit to having had that agreement with you for it to be enforceable. Something he probably won't do. Obviously, you already know that you should have had the terms in writing, but you probably should have post-dated the check too -- that way you could have put a stop payment on it at the bank.

Maybe try small claims court? Hiring a lawyer is out of the question because of the amount involved. I think you're probably screwed. Sorry man.

Maybe you should just get the car -- at least the 1k would go torwards something... Good luck.


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benzo27

Amateur Bodybuilder

Posts: 96
From:California
Registered: Mar 2000

posted October 26, 2000 04:06 PM

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Next time write exactly what that check is for on the bottom left side of the check or better yet post date the check for 30 days later that way he couldn't cash the check until the date. Also you could have cancelled the check before you called him, but it's a little late now. Sorry bro


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shawdawg

Amateur Bodybuilder

Posts: 92
From:jeddah, Saudi Arabia
Registered: Jul 2000

posted October 26, 2000 07:12 PM

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yeah, i think your screwed if it isnt in writing, and by the way...writing post dated checks is illegal....not that you would get prosecuted.....but it is illegal....thats about all i learned in my first year of law school....lol

shaw


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benzo27

Amateur Bodybuilder

Posts: 96
From:California
Registered: Mar 2000

posted October 26, 2000 07:33 PM

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Illegal? Shit I do it all the time. It's not like you are taking the merchandise and the person knows they are recieving a check they cant cash, but I did not know that it was illegal. Interesting.


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benzo27

Amateur Bodybuilder

Posts: 96
From:California
Registered: Mar 2000

posted October 26, 2000 07:51 PM

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Did some checking and found out that it really isn't illegal to write a postdated check unless the other party is unaware, however I also found out that in some states a person can cash a post dated check if the person who wrote it didn't send a letter to the bank telling them not too. I know this really doesn't matter here, but I had to find out


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