legal and ethical question

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • MAC100

    Plinker
    Rating - 0%
    0   0   0
    Jan 25, 2014
    40
    6
    United States
    Was the company paid $35 or was the other mom paid the $35 to give to the company? If it was given to the mom, how do you know the company ever received it?

    We don't know the company ever received The $35 check It was given to the mom in the middle but made out to the company which actually purchased the cookies. As of this morning the check was not processed through our bank. So either the company cashed our check today (would not show up at my bank yet) and wrote a new one without knowing the $35 would not bounce ( it won't just pointing that out) or something else. With this mom in the middle refusing to share the company contact info Strung it along for months then this week produces 3 replacement checks for the ones that were thought to be lost: all dated early January. Meaning all three people backdated their checks by almost 3 months. I am 90% sure this mom accidentally (or purposely hard to tell now) ended up taking the checks back from my wife at the time of transaction. She then had the attitude like several here well F... her I just got free cookies for my friends it's her fault. I will be very surprised if the $35 check ever gets cashed.
     

    MAC100

    Plinker
    Rating - 0%
    0   0   0
    Jan 25, 2014
    40
    6
    United States
    If I were your wife, I would contact the business (now that she has the check) and apologize for any confusion or trouble this mixup has caused them. I'm wondering if they will even know what she is talking about! At the very least, I would call and thank them for their generous support of the girl scouts and see if the check mixup is even mentioned. If the other mom had the check the whole time as you suspect, I wonder if the company was ever contacted or is in any way aware of what happened.


    Haha she is trying that. The business check has no phone number on it. The company website has no phone number. My wife called the bank the check was written from to try and get the contact info. Bank would not give it to her. She asked the bank if they would pass her contact info along to the company. Doubt they will. The whole situation does not smell right to me. Watch this business check bounce after all this :(.
     

    mom45

    Momerator
    Staff member
    Moderator
    Site Supporter
    Rating - 0%
    0   0   0
    Nov 10, 2013
    47,289
    149
    NW of Sunshine
    Haha she is trying that. The business check has no phone number on it. The company website has no phone number. My wife called the bank the check was written from to try and get the contact info. Bank would not give it to her. She asked the bank if they would pass her contact info along to the company. Doubt they will. The whole situation does not smell right to me. Watch this business check bounce after all this :(.


    What kind of business doesn't have a phone listing? Seriously?
     

    MAC100

    Plinker
    Rating - 0%
    0   0   0
    Jan 25, 2014
    40
    6
    United States
    @mom45 I got your pm but cannot reply because I do not have 50 posts. Thank you very much for the offer if this does not end well I may take you up on it. I really appreciate the kindness!
     

    mom45

    Momerator
    Staff member
    Moderator
    Site Supporter
    Rating - 0%
    0   0   0
    Nov 10, 2013
    47,289
    149
    NW of Sunshine
    @mom45 I got your pm but cannot reply because I do not have 50 posts. Thank you very much for the offer if this does not end well I may take you up on it. I really appreciate the kindness!


    I hadn't even noticed your post count. If I think of any particular sites that you might try, I'll post them here. Can you say what town this company is in?
     

    MAC100

    Plinker
    Rating - 0%
    0   0   0
    Jan 25, 2014
    40
    6
    United States
    Not right now since I am giving the company the benefit of the doubt that they knew nothing of this whole situation and it is this dirt bag mom that was trying to pull something. We will see tomorrow if the account the check was written on has sufficient funds. If it doesn't I will certainly share it.
     

    mom45

    Momerator
    Staff member
    Moderator
    Site Supporter
    Rating - 0%
    0   0   0
    Nov 10, 2013
    47,289
    149
    NW of Sunshine
    Not right now since I am giving the company the benefit of the doubt that they knew nothing of this whole situation and it is this dirt bag mom that was trying to pull something. We will see tomorrow if the account the check was written on has sufficient funds. If it doesn't I will certainly share it.


    Sounds like a good plan. Good luck. I hope the check is good and you can end this saga!
     

    AA&E

    Master
    Rating - 100%
    1   0   0
    Mar 4, 2014
    1,701
    48
    Southern Indiana
    But that's not what happened. The business wrote a check to pay for a product (presumably with the funds to cover it, as there is no evidence to the contrary).

    It is the responsibility of the person accepting payments to keep track of them.


    You are assuming they can prove they delivered the check and it was received. Checks lost (in the mail for instance) do not absolve a company of their debt.
     

    AA&E

    Master
    Rating - 100%
    1   0   0
    Mar 4, 2014
    1,701
    48
    Southern Indiana
    From the business's standpoint, they DID pay their obligation. Your wife was responsible for the checks and lost them. IMO she should have been the one footing the bill. And if the business had been smart enough to get a receipt, she would be. It's only because they didn't ask for one that she has any grounds to ask for another check. Now, that said, their acceptance of the $35 for the stop payment on the original check somewhat obligates them to write another check. And for that, she may actually have grounds for a suit....if it were worth it. But ultimately, SHE was responsible for the funds when she took possession of them. And none of that moral superiority harping about paying what one owes changes that. The business DID pay what it owed.

    You are actually incorrect. I had a business pay for my services once in check and they received a receipt indicating paid check. I deposited the check and received a deposit slip. MY BANK lost the check during their processing procedure and it never made it to the originating bank for them to receive payment. A few days later I notice my bank account balance is nearly $9000 less. The bank told me what happened I was livid. When I explained this to the accounts payable dept (large national corporate office furniture company) they said they would have to refer this to their legal dept. The legal dept contacted me, got the info, contacted the bank, and then called me back. A receipt marked paid check is subject to the clearance of the check, regardless for the reason that check may or may not clear. Once my story was verified, the legal dept told the accounting dept to issue a new check and I had it 9 days later. After christmas which made my holiday season a bit tight, but better then never getting paid. I told the legal guy that called me I appreciate them doing this as it wasn't my fault the check was lost. And he stated it wouldn't have mattered if it were my fault. Until they can show a CLEARED check that indicates a receipt was paid, it was still an open invoice and would have to be paid when demanded.
     

    AA&E

    Master
    Rating - 100%
    1   0   0
    Mar 4, 2014
    1,701
    48
    Southern Indiana
    You'd be wrong. It doesn't matter what form the payment is made in (providing it is acceptable to the creditor). Cash, check, money order, credit card information. The minute you take possession of the payment, my debt is paid. Your inability to make the transfer is not my responsibility.


    EDIT:

    LEt's suppose I have a rifle to sell in the classifieds. I come to terms with a buyer and we agree to meet and exchange funds for rifle. I give him the rifle, he gives me the check. Let's make it a cashier's check for all those who are going to comment on accepting personal checks. :): I stuff the check into my purse because I'm in a hurry. When I get home, I can't find it. Not in my purse, not in my truck. Not with the other paperwork associated with the sale. Do you really think I have the moral authority to go back to the buyer (because in this example we all share our real phone numbers with each other in the classifieds) and demand that he write me another check because I lost the first one?

    See my above post. I do not know how this reflects in personal transactions, but in business law this is a loss for the check writer. No canceled/cashed check. Payment not made.
     

    AA&E

    Master
    Rating - 100%
    1   0   0
    Mar 4, 2014
    1,701
    48
    Southern Indiana
    What kind of business doesn't have a phone listing? Seriously?

    We don't know the company ever received The $35 check It was given to the mom in the middle but made out to the company which actually purchased the cookies. As of this morning the check was not processed through our bank. So either the company cashed our check today (would not show up at my bank yet) and wrote a new one without knowing the $35 would not bounce ( it won't just pointing that out) or something else. With this mom in the middle refusing to share the company contact info Strung it along for months then this week produces 3 replacement checks for the ones that were thought to be lost: all dated early January. Meaning all three people backdated their checks by almost 3 months. I am 90% sure this mom accidentally (or purposely hard to tell now) ended up taking the checks back from my wife at the time of transaction. She then had the attitude like several here well F... her I just got free cookies for my friends it's her fault. I will be very surprised if the $35 check ever gets cashed.

    Haha she is trying that. The business check has no phone number on it. The company website has no phone number. My wife called the bank the check was written from to try and get the contact info. Bank would not give it to her. She asked the bank if they would pass her contact info along to the company. Doubt they will. The whole situation does not smell right to me. Watch this business check bounce after all this :(.

    All businesses in the state of Indiana have to have a registered agent listed with the Sec. Of State. For a small fee you can get this information. Visit Indiana.gov and click on the Sec of State link. Look under business entity search, once you find the business the page should have a link that allows you to get the information you are looking for.
     

    CitiusFortius

    Expert
    Rating - 100%
    1   0   0
    Aug 13, 2012
    1,353
    48
    NWI
    My spidey senses tell me the mom in the middle is a lying dirtbag, and I'd find a new scout troop tomorrow.

    They should as we're only getting one side of the story. If this 'mom' worked her freakin rear end off to get this business to buy $500 worth of cookies, i can see her not wanting to play hardball with them over misplaced funds. The mom is also embarrassed, even though she didn't lose the money, when a business gives somebody $500 they expect that money to be taken care of.

    Now the mom runs the risk of not getting future orders if she nags them to death about another check.

    OP may have to make up the difference himself. Sucks, but thats life. Same would happen if it was 5 $100 bills. A $500 check from somebody else should be prioritized and not left in other stacks of paper to be lost. Expensive lesson.
     

    forgop

    Shooter
    Rating - 0%
    0   0   0
    Dec 29, 2012
    1,304
    38
    Southeast Indy
    Moral of the story:

    These cookies aren't worth all the trouble parents deal with to peddle them to everyone around them. Avoid them at all costs.:twocents:
     

    PistolBob

    Grandmaster
    Rating - 100%
    4   0   0
    Oct 6, 2010
    5,388
    83
    Midwest US
    They should as we're only getting one side of the story. If this 'mom' worked her freakin rear end off to get this business to buy $500 worth of cookies, i can see her not wanting to play hardball with them over misplaced funds. The mom is also embarrassed, even though she didn't lose the money, when a business gives somebody $500 they expect that money to be taken care of.

    Now the mom runs the risk of not getting future orders if she nags them to death about another check.

    OP may have to make up the difference himself. Sucks, but thats life. Same would happen if it was 5 $100 bills. A $500 check from somebody else should be prioritized and not left in other stacks of paper to be lost. Expensive lesson.


    Naahhh...she's a lying dirtbag.
     

    hornadylnl

    Shooter
    Rating - 100%
    1   0   0
    Nov 19, 2008
    21,505
    63
    They should as we're only getting one side of the story. If this 'mom' worked her freakin rear end off to get this business to buy $500 worth of cookies, i can see her not wanting to play hardball with them over misplaced funds. The mom is also embarrassed, even though she didn't lose the money, when a business gives somebody $500 they expect that money to be taken care of.

    Now the mom runs the risk of not getting future orders if she nags them to death about another check.

    OP may have to make up the difference himself. Sucks, but thats life. Same would happen if it was 5 $100 bills. A $500 check from somebody else should be prioritized and not left in other stacks of paper to be lost. Expensive lesson.

    This is the modicum of respect I was talking about.

    I'm (not really but for arguments sake)the business owner who gave the $500 check for cookies. The amount doesn't really matter as I would never give more than I'm comfortable with. As an act of charity, I look over the order form and select $500 worth of cookies. I write the check and wait for them to be delivered. That's the standard for which it should work.

    Now, the mom in the middle (assuming mom in the middle actually contacted the business about the list check) comes to me asking for another check and hands me a $35 check for stop payment because OP's wife lost your first check.

    Now, I don't know if Op's wife or mom in the middle is irresponsible, trying to defraud me or if it was just an honest mistake on either's part.

    Being charitable shouldn't be a PITA. I'd follow though and make sure the payment got through to where it's supposed to go. Next year, I'll either buy my cookies from another troop or not at all.

    There are 3 sides to this story and we're only hearing 1. I have no idea if any party was acting with malice or if 1 of them made an honest mistake. It just wouldn't be worth dealing with the headache again. If I pay $500 to the Girl Scouts, I expect those involved to handle it with respect and that it will get to where it's supposed to go.
     

    chezuki

    Human
    Rating - 100%
    48   0   0
    Mar 18, 2009
    34,158
    113
    Behind Bars
    You are assuming they can prove they delivered the check and it was received. Checks lost (in the mail for instance) do not absolve a company of their debt.

    My wife misplaced one of the girls selling envelopes which had the payment checks in it 3 checks total. One of the checks was from the selling families friends business for aprox. $500 dollars.

    .
     

    MAC100

    Plinker
    Rating - 0%
    0   0   0
    Jan 25, 2014
    40
    6
    United States
    AND THE PLOT THICKENS....

    1.The Mom in the middle sent my wife an angry text this morning as to why she is contacting the bank looking for the company contact info and verifying funds for the check. She accused my wife of harassing the business etc.
    2. I decided to spend some time looking for the business on the secretary of state website. Only possible match had no town listed and business license not updated since 2007 no other info. I then checked the website we found that looked like a very strong possibility for a match but with no contact info other than the town. As I was looking at it I noticed it looked hastily changed with info removed. i.e phone number only showed area code nothing else.
    3. I looked a little deeper at the website looking for pages that may be on the domain but not linked to. What do I find a page of the Bio of the owner. Who is the owner..... Mom in the middles Husband!!! So this is her family business, not the family friends business as she has been stating all along.

    So why lie from day one before cookies and checks were even exchanged and there was never any problem with the transaction. The claim was "Mom in the middle sold $500 to a family friends business" Why lie at that point??? makes no sense to me. So to me your credibility is shot and anything after that pertaining to the situation is presumed a lie. I instructed my wife to keep the moral high ground. She replied to the angry text stating that; She just wanted to get in touch with the company to personally apologize for the trouble and that it was not the fault of the mom in the middle and to offer them a gift as a token of her appreciation for helping her out. She concluded this statement with please extend my apologies to your husband as I was not aware this was his company. NO REPLY from mom in the middle.

    This will be my last post on the issue. You can continue to debate if losing a check and being asked to write a new one is too big of a hassle for you to help someone out that made a mistake if you like. I will not post any names or company info as I don't see a benefit. This family has already shown they are not upstanding people and you never know if they decide to retaliate. I somewhat wonder if they or someone they know that is familiar with the situation is members here. Since after 3 months the check shows up the afternoon after I posted the situation here. At this point we are just glad the end result is: The troop made a large cookie sale, collected the money for the cookies that were delivered, and will have proceeds for troop activities.
     
    Top Bottom