VERY messed up situation, please help!!!

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  1. Hi ladies, really need all your expert/legal advice on a very sticky issue!!

    While selling bags on eBay, I met one local buyer in person, and she started buying bags from me directly. She was always slow to pay (sometimes 60+ days), always asked me to wait on the check to clear etc., but always paid at the end, so I kind of dealt with it, as I could wait and it was easier for me.

    Well, last time I sold her Chanel bag for $2K. We met at the end of August and she gave me a check dated 9.30.2009

    She asked to postpone deposit couple of times - which was not unusual for her. Right around Christmas I said I can't wait any longer. She said, please send me 2 Paypal requests - for a $1000 each. She paid $1K and said will pay another in a couple of weeks. Well, 6 weeks later and after going back and forth with her weekly, she finally stopped answering my e-mails.

    Is there anything I can do at this point?? I still have her check for $2K, but since she paid 1/2 of balance, can I do anything with it? Please help, any input is greatly appreciated!! Do I have any legal rights in situation like this?
    My buyer is Virginia resident.

    Thanks so much in advance!!!
     
  2. does she have your bag?
     
  3. I would cash her check, and pray she has sufficient funds, and then you could go to Pay Pal and pay her the difference.
    You have done enough for this buyer already!
     
  4. Yes - that's the point! She has the bag in her possession! :graucho:
     
  5. What if the check turns out to be NSF - then what can I do?? Stupid, I know....
     
  6. I would cash her check and hopefully that would get her to contact you. I dont know what else you could do????
     
  7. I wonder if her check comes back, can I take any further action, since 1/2 is already paid?? Very messed up, like I said!!
     
  8. Have you called her bank to verify that her account has the funds to cover the check?
     
  9. This is my advice, too. You could always take it to your bank and ask them to check with her bank before depositing.
     
  10. ^^I would've done it already, my issue is that she did pay me 1/2 of this check. So, if her account does not have funds/the check bounces etc., what can I do next? Can I still treat it as a check fraud, even though I have 1/2 of the funds? Also, does it make sense to give her heads up that I am going to deposit check?? Thanks ladies for all your help!
     
  11. Since shes MIA i guess cashing the check would make her appear real fast....
    Alternatively, you could cash it and as soon as it goes through you coulde refunde the 1000 dollars through Paypal?

    And next time hand over the bag when it is paid - in full! If she can make you wait for the money, you can make her wait for the bag.... IMO.
     
  12. ^^LOL - yes!! I learned my lesson!
    Question is - what if funds are NOT there??
     
  13. If she does not have funds to cover the check, ask your bank what you can do. They deal with this situation all the time.

    Her bank is not going to tell you over the phone if she has sufficient funds to cover it.

    If possible, go to the bank that this check is drawn from. They will tell you if there is insufficient funds, if you are standing there with a check from her.

    Other than that, I guess you have to go to court to get your money, or the bag back.
     
  14. I agree check funds available first--You don't want a returned check fee. If it's good refund the 1k. If it isn't take her to court. It will all get worked out there.