US Lawyer Advice Please

[Manny]

I'd like a bit of advice or even a recommendation from some of the knowledgeable US folks here, please.

There's a company in the US that owes me some money. They sent me a cheque (check) in US Dollars. However, the check had a spelling mistake on the payee line. UK banks (or ours, anyway) won't process it because of this, endorsing the back is uncommon here, as are US Dollar checks generally. They need to be able to tick boxes, nobody does any thinking. It's a "computer says no" thing.

So I asked the company in question to either reissue it with the correct spelling of payee or better yet send a wire transfer to my US account, details supplied. They said they would do one or the other. However, since then they have ghosted me and won't reply to emails.

So I am thinking, if a lawyer in the US made contact with them, that will no doubt spur them into action. So I need to find a lawyer in the US that could do that. Am I correct in thinking that as state laws differ so much, I should use a lawyer in the same state, or doesn't that matter for something like this?

[cufflinks]

I'd like a bit of advice or even a recommendation from some of the knowledgeable US folks here, please.

There's a company in the US that owes me some money. They sent me a cheque (check) in US Dollars. However, the check had a spelling mistake on the payee line. UK banks (or ours, anyway) won't process it because of this, endorsing the back is uncommon here, as are US Dollar checks generally. They need to be able to tick boxes, nobody does any thinking. It's a "computer says no" thing.

So I asked the company in question to either reissue it with the correct spelling of payee or better yet send a wire transfer to my US account, details supplied. They said they would do one or the other. However, since then they have ghosted me and won't reply to emails.

So I am thinking, if a lawyer in the US made contact with them, that will no doubt spur them into action. So I need to find a lawyer in the US that could do that. Am I correct in thinking that as state laws differ so much, I should use a lawyer in the same state, or doesn't that matter for something like this?

I would never use a lawyer for collections as they are fooking lazy and charge $250+ per hour and milk/bilk the hours.

If I were collecting money owed me the (non-wiseguy extra legal method of walking into their office with a sheet metal compound leverage shears you put their thumb into and squeeze hard enough to get their attention but not cut off their thumb - was very effective for wise guys collecting payments for loan sharks I knew - Why Thumb - losing a finger you have 3 more to grip with the opposing thumb - lose thumbs and you lose your grip literally).

The preferred legal method is...

File a claim in the small claims court of their domicile jurisdiction.

Show copies to the court of your original documents keeping originals handy for proof of not being photoshopped.

They will be summoned to appear...  (Seems they might have scammed you so likely to ignore an order to appear in small claims court).

If the scammer does not appear in court YOU WIN BY DEFAULT.

Or the scammer might actually surprise the WTF out of you and pay the court that takes some minor fees for their trouble to help you collect what is owed you.

Take the summary judgment and apply it as a lien against all of their property; vehicles, real-estate, etc.

The CPA would take the lien papers to a Vehicle Recovery company (REPO Men) would would seize and tow the vehicle to one of their fenced in lots and sell the vehicle for Kelly blue book value and keep a repo fee plus marketing fee and the CPA would get the remained - in some cases he had to seize multiple vehicles from the same douche

This happened to a Boston area CPA I knew who did a lot of CPA level tax accounting for small businesses around Boston and 1 or 2% or so refused to pay and this was the way he had to chase down his money owed him for CPA services.

Of course, he had a lot of Douche Bag Boat Job restaurants, etc., clients who practiced boat job economics and would not pay service providers... that is why Food and Beverage Providers put many of these boat jobs (skamigrants) on pay upon delivery COD or the delivery truck driver puts the food and or beverage provisions back on the truck and charges them a fee for the delivery call on top of it.

Unless it was for thousands of USD often people here in the USA just drop the client and write off the loss on their taxes. 

Me myself being a Ruthless MoFo would hire an offshore Rooskie or Ukie who knows tech to run some deep dark web NEGATIVE SEO on the phock to the tune of being a Child Porn or Sex trafficker or Drugs Trafficker or Firearms Trafficker (Perhaps All 4) guaranteed to get them SWATTED in their Own Home...  ChatGPT AI will even generate incriminating conversations in the douche scumbag's realistic voice.

If it was for really serious money $100K+ owed to guys I know the douche would be staring into a red dot laser on a Sig, Glock, Ruger or S&W and likely be kneecapped.

Hope this Helps.

[cufflinks]

Another Idea is that most US Banks now offer a feature on their apps where you can take a smartphone photo of a Check and direct deposit it with the deposit being proof of your digital endorsement signature since the check was written to you.

If the check bounces for insufficient funds then it is up to you whether it is worth escalating as I mentioned above.

If the check clears then you are the winner.

[Manny]

Another Idea is that most US Banks now offer a feature on their apps where you can take a smartphone photo of a Check and direct deposit it with the deposit being proof of your digital endorsement signature since the check was written to you.

If the check bounces for insufficient funds then it is up to you whether it is worth escalating as I mentioned above.

If the check clears then you are the winner.

Only if an account holder, surely?

This is a firm that turns over millions a year and is historically very reliable. Just they have chosen to make themselves uncontactable on this occasion.

Here, we would use a lawyer for small claims court (if you don't know the local system), perhaps a debt collector would be more useful? Can you hire one of those in the US without a court order?

[cufflinks]

Another Idea is that most US Banks now offer a feature on their apps where you can take a smartphone photo of a Check and direct deposit it with the deposit being proof of your digital endorsement signature since the check was written to you.

If the check bounces for insufficient funds then it is up to you whether it is worth escalating as I mentioned above.

If the check clears then you are the winner.

Only if an account holder, surely?

This is a firm that turns over millions a year and is historically very reliable. Just they have chosen to make themselves uncontactable on this occasion.

Here, we would use a lawyer for small claims court (if you don't know the local system), perhaps a debt collector would be more useful? Can you hire one of those in the US without a court order?

You typically still need a lien to prove the debt - however, that said since you have an original dodgy check Debt Collectors take about 20% to 30% of the Amount owed and a dodgy check in a significant amount will get their attention and they - unlike Lawyers on the clock, ONLY get paid when they produce results and collect the debt so they are as relentless as Rottweilers on a fresh bone.  So check out the best debt collectors online in the target State as State laws both govern small biz xactions and vary state by state.

Sounds like you were surprised by out-of-character behavior by a previously reliable and good customer.

Before ruining a customer relationship with what was a good customer - a licensed Private Investigator in the Customers City/State would for a reasonable fixed rate - meet the Biz CEO/Owner and ask them why they refuse to correct the dodgy check - if a good customer the CEO might just recut a check on the spot and fire the accounts payable clerk or Hunter Biden like son on coke who copped an attitude when you asked for a corrected check...  Might even think you were a British Nigerian Scammer.

PIs are licensed and often retired or former police who can get access to records not available to the General Public and will get the CEO/Owners phooking attention.  5 or 10 Blue Bejamins ($500 to $1,000) should do it with a PI who will do about 1 hours work for contact info, do a visit or two to meet the owner - get results and go to a strip club after to celebrate.

For Example I used to pay a PI former Cop a $150 back in the day to do a NCIC crime background check (Via his Police Contacts saying he was investigating the person) on potential consulting clients and if they came back as coke-head scumbags...  My contracts included a background check of the client and forfeiture of their deposit if the background check was negative or problematic.  A few came back with Cocaine Drugs busts - I do not trust Coke Heads or any other drugs users and cut them out of my life.

HTH

[Faux Pas]

Only if an account holder, surely?

This is a firm that turns over millions a year and is historically very reliable. Just they have chosen to make themselves uncontactable on this occasion.

Here, we would use a lawyer for small claims court (if you don't know the local system), perhaps a debt collector would be more useful? Can you hire one of those in the US without a court order?

I'm not a lawyer. Depending on how much money is owed, your likely quickest way to get it resolved is to hire a lawyer in a nearby town to collect it. He can send them letters, call them and document for court. If you sue and win in court you can make that company cover the attorney fees.

[cufflinks]

Another Idea is that most US Banks now offer a feature on their apps where you can take a smartphone photo of a Check and direct deposit it with the deposit being proof of your digital endorsement signature since the check was written to you.

If the check bounces for insufficient funds then it is up to you whether it is worth escalating as I mentioned above.

If the check clears then you are the winner.

Only if an account holder, surely?

This is a firm that turns over millions a year and is historically very reliable. Just they have chosen to make themselves uncontactable on this occasion.

Here, we would use a lawyer for small claims court (if you don't know the local system), perhaps a debt collector would be more useful? Can you hire one of those in the US without a court order?

Another idea go to your back up biz bank (who you have not tried to deposit the check with) and install their Photo Deposit featured bank app on your smart phone - Take a Photo of your check and deposit it and it might just clear with no further expense via the bank app.  Likely to take standard number of days to clear since an international USA Check.

Another Idea is sign it over (Sign for Deposit to the Account of Yank Legal Name) to a Yank you can trust then Fedex to the Yank Waaanker and let them deposit to their account as US Banks a rarely suspicious of out of state US Biz checks and if it clears have your trusted Yanks Wire you the Proceeds less the $30 Wire Transfer fee - one fedex and one wire fee would be the cheapest alternative.

Well July 8th is my Birthday and I am soo phooking old now the highlight of my life is a Victory Cigar and Scotch chaser so I am outta here.

[cufflinks]

Only if an account holder, surely?

This is a firm that turns over millions a year and is historically very reliable. Just they have chosen to make themselves uncontactable on this occasion.

Here, we would use a lawyer for small claims court (if you don't know the local system), perhaps a debt collector would be more useful? Can you hire one of those in the US without a court order?

I'm not a lawyer. Depending on how much money is owed, your likely quickest way to get it resolved is to hire a lawyer in a nearby town to collect it. He can send them letters, call them and document for court. If you sue and win in court you can make that company cover the attorney fees.

At $250 minimum per hour for any junior or non big firm lawyers time as I mentioned Up Thread.

[BC]

Another Idea is that most US Banks now offer a feature on their apps where you can take a smartphone photo of a Check and direct deposit it with the deposit being proof of your digital endorsement signature since the check was written to you.

This is a firm that turns over millions a year and is historically very reliable. Just they have chosen to make themselves uncontactable on this occasion.

Here, we would use a lawyer for small claims court (if you don't know the local system), perhaps a debt collector would be more useful? Can you hire one of those in the US without a court order?

Why bite the hand that feeds you?  Will you be working with this company in the future?  How long have they been 'ghosting' you?  Big companies have big accounting departments, and these 'exceptions' can take time to wring out. If a month has elapsed, ask them if you returning the voided check would help them with reissuing. Maybe your bank can write or email you that they can't cash the check for you because of the error and send it along as well.

If it is a good company you are working with, it'll get done, but will take time. 

[Faux Pas]

At $250 minimum per hour for any junior or non big firm lawyers time as I mentioned Up Thread.

I wasn't poohing your advice. I prefaced my post with "depending on the amount of money". If it is a smaller sum less than 5K which is the limit for most small claims courts, your advice is righteous. If the amount is larger than 5K, your advice is useless and thus overall, incomplete.

I know it can be difficult to find an honorable lawyer but it's not impossible. Yes he will charge upward of $250-$400 per hour but to write and send a few collection letters his time would be less than an hour. If he needs to sue to collect for a case he's already built, you're looking at less than 4 hours. Most of which wouldn't even be his time but someone in his office.

There are other options but this route will often lead to a quicker resolve

[Lord of the Dance]

Man, I really wish I could swoop in with some sage legal advice, but frankly I don’t know how I would go about dealing with such a situation, cross-ocean. I think it’s worth mentioning that an intimidating letter from a reputable law firm can certainly help to persuade payment from a reluctant debtor.

When I’ve found myself in similar situations (granted, domestically - and usually close to home) the first step I take is to get in touch with the local sheriff and let him know that I don’t want any trouble. This strategy has worked for me on multiple occasions. 

[B.B.]

I'd like a bit of advice or even a recommendation from some of the knowledgeable US folks here, please.

Hmm.  If only we knew a US qualified attorney....

There's a company in the US that owes me some money. They sent me a cheque (check) in US Dollars. However, the check had a spelling mistake on the payee line. UK banks (or ours, anyway) won't process it because of this, endorsing the back is uncommon here, as are US Dollar checks generally. They need to be able to tick boxes, nobody does any thinking. It's a "computer says no" thing.

They don't want to do it bc it's a USD check and that complicates things.

So I asked the company in question to either reissue it with the correct spelling of payee or better yet send a wire transfer to my US account, details supplied. They said they would do one or the other. However, since then they have ghosted me and won't reply to emails. 

Where are they located and who is your bank with? (Better reply by DM, ofc.)

So I am thinking, if a lawyer in the US made contact with them, that will no doubt spur them into action. So I need to find a lawyer in the US that could do that. Am I correct in thinking that as state laws differ so much, I should use a lawyer in the same state, or doesn't that matter for something like this?

You would use a lawyer qualified in that state where they are located.

The real problem is that they may have stopped payment on the cheque.

B/B

[2tallbill]

If the amount is larger than 5K, your advice is useless and thus overall, incomplete.

You did say "most states" I am just bragging that Texas isn't most states and
the max here is $20K.

[Halo]

I don't have this issue much for clients anymore, but I used to send a demand letter, with a threat of further legal action.  Of course, here, the costs of that action are borne by the loser, and I also added that. 

A demand letter with a threat of legal action usually does get a response.  I have never had one not result in payment. 

[Halo]

Since I can't edit the last post - Another consideration is the situs (place) of the making of the contract.  If your contract is subject to UK law, you can have a UK lawyer threaten litigation in a UK court, the costs of which ultimately may be borne by the debtor.  It may very well be that your supply of product is governed by UK law, not US law.  You will need to know that first.   Subject to governing legislation, if your contract is silent, you rely on common law principles.  If you don't have a clause in your existing contracts and legislation doesn't apply, you may want to add a jurisdiction clause to your contracts (I suspect you already have one if a competent lawyer drafted the contract, they're fairly standard).

[Manny]

Thanks for the reply. It will be subject to US law. I have someone giving them a call today (nobody seems to understand my accent there) so I'm hopeful it will be cleared up that way.

Failing which, I'll have a lawyer over there write to them I guess.

[Manny]

Hmm.  If only we knew a US-qualified attorney....

And we're paid. 

[cufflinks]

Hmm.  If only we knew a US-qualified attorney....

And we're paid. 

  Curious the process you employed to achieve desired payment?

[Manny]

It seems to me that it's easy to ghost someone from over the pond and hope they might go away. When someone from in the country reaches out to them, they'd know the end result will be to pay or be forced to pay with added expenses.

Looking at the timeline, looks like the check was issued two days after contact from in country.

[Contrarian]

Hmm.  If only we knew a US-qualified attorney....

And we're paid. 

  Curious the process you employed to achieve desired payment?

Just noticed this.

More than likely B/B called them as a favor to Manny and voila, they paid up.