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Check-Cashing Places--Do the checks necessarily go back to the writer's account?

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    #16
    Originally posted by HTX View Post
    So are you saying that check-cashing places do NOT process checks written to you or your business via ACH but always by physical deposit, essentially walking in their checks to their own bank?
    I'm saying actually that they cannot ACH a check written to you by someone else. They would either have to deposit it or use the Check21 system if they have it. Refer to the above post differentiating between ACH and Check21.

    I'm being too simplistic in thinking about an actual ACH transaction and only applying it to one situation. When you go into a business and write a check, they can ACH and then hand you back the check. If you pay your credit card company or utility company, for instance, by a check you mail in to them, they can ACH the transaction and actually destroy the check. Again, they have to be careful about having the actual check and also ACH. The customer has to have some confidence that they will not be dinged twice (ACH and the check floating around physically somewhere). I am also pretty certain that there are disclosure policies. Any company that ACH's a check you send to them must have information in their policies that state how they will process your payment.

    If it weren't so late, and I wasn't so tired, I might go ahead and research that for you as well. But, you can do it by Googling "ACH disclosure laws" or some such.
    Filed pro se, made it through the 341, discharged, Closed!!!

    Comment


      #17
      debee---The danger? Geez, where do you want to start? Well, remember, everything doesn't magically end with a production subpoena that some greedy lawyer faxes from the comfort of his office to any business in the country that he so chooses just because, yawn, it might produce something. Subpoenas themselves end up destroying (irrespective of whether a case has substance or not) relationships, both personal and business. If you can't envision that, just imagine you were going along your merry life, and wrote a check to someone and that someone was later wrongly sued in court, would YOU want to have your named all over public records (praying every day that each instance is redacted) when neither you nor the recipient have done anything wrong? Or maybe you'd prefer being hauled in by avaricious attorneys for a day-long deposition fest because you have no privacy because your name was on a check that happened to have been one of several that showed up in the production subpoena to a bank or other facility? Sounds like a lot of fun, right? Hey, what about if you were a vendor for the company? Would you be equally excited about having all of YOUR completely unrelated records (personal or business) utterly ransacked by a production subpoena? Or having to redact everything "but" what was asked for out of tens of thousands of files including all personal, financial and trade secret data? Cuz you know you're next. You and everyone else who wrote a check for a bunch of flowers. Nah, there's no danger in having your privacy totally invaded. And you may have just been a customer! You're not going to be very happy about that. Come to think of it, you might tell a few friends about the utter waste of time you went thru because of some production subpoena. It's just fuel to the fire, right? Hmm, or what about if, as a vendor, you were the sole supplier of a key component, like roses, to the company? Same thing. Hurts relationships. There are very real repercussions for the utter loss of privacy in our legal system. Don't fool yourself that subpoenas don't destroy innocent lives, healthy relationships and law-abiding businesses. From friends who've been sued, I hear about this stuff all the time. They did nothing wrong, but some customer or competing company decides to file some phony suit. The last thing on an attorney's mind is collateral damage. If they can extract an ounce of information from 100 individuals, so be it! That's just "more leads". It's like bill collectors. Leads, leads, right? "Talk to the neighbors", "pretext", subpoena the bank and every vendor, it's all the same in the end. Just because you "can" do something doesn't mean you should. Just imagine how you would feel if my lawyer suddenly sent you a production subpoena for all of your records going back x years plus notice to appear at a 7-hour deposition for no reason other than to harass the buyer an destroy business relationships? Chance are you're going to feel some pain and you're sure as heck going to be a lot less likely to do business with that company, no matter what they did or did not do. It's the standard in business today and just another form of harassment we endure.

      Comment


        #18
        Great response and appreciated. Thanks f2b!

        Comment


          #19
          Originally posted by HTX View Post
          debee---The danger? Geez, where do you want to start? Well, remember, everything doesn't magically end with a production subpoena that some greedy lawyer faxes from the comfort of his office to any business in the country that he so chooses just because, yawn, it might produce something. Subpoenas themselves end up destroying (irrespective of whether a case has substance or not) relationships, both personal and business. If you can't envision that, just imagine you were going along your merry life, and wrote a check to someone and that someone was later wrongly sued in court, would YOU want to have your named all over public records (praying every day that each instance is redacted) when neither you nor the recipient have done anything wrong? Or maybe you'd prefer being hauled in by avaricious attorneys for a day-long deposition fest because you have no privacy because your name was on a check that happened to have been one of several that showed up in the production subpoena to a bank or other facility? Sounds like a lot of fun, right? Hey, what about if you were a vendor for the company? Would you be equally excited about having all of YOUR completely unrelated records (personal or business) utterly ransacked by a production subpoena? Or having to redact everything "but" what was asked for out of tens of thousands of files including all personal, financial and trade secret data? Cuz you know you're next. You and everyone else who wrote a check for a bunch of flowers. Nah, there's no danger in having your privacy totally invaded. And you may have just been a customer! You're not going to be very happy about that. Come to think of it, you might tell a few friends about the utter waste of time you went thru because of some production subpoena. It's just fuel to the fire, right? Hmm, or what about if, as a vendor, you were the sole supplier of a key component, like roses, to the company? Same thing. Hurts relationships. There are very real repercussions for the utter loss of privacy in our legal system. Don't fool yourself that subpoenas don't destroy innocent lives, healthy relationships and law-abiding businesses. From friends who've been sued, I hear about this stuff all the time. They did nothing wrong, but some customer or competing company decides to file some phony suit. The last thing on an attorney's mind is collateral damage. If they can extract an ounce of information from 100 individuals, so be it! That's just "more leads". It's like bill collectors. Leads, leads, right? "Talk to the neighbors", "pretext", subpoena the bank and every vendor, it's all the same in the end. Just because you "can" do something doesn't mean you should. Just imagine how you would feel if my lawyer suddenly sent you a production subpoena for all of your records going back x years plus notice to appear at a 7-hour deposition for no reason other than to harass the buyer an destroy business relationships? Chance are you're going to feel some pain and you're sure as heck going to be a lot less likely to do business with that company, no matter what they did or did not do. It's the standard in business today and just another form of harassment we endure.
          Sounds pretty bad.
          There are two secrets for success in life:
          1.) Never tell everything you know.

          Comment


            #20
            Frogger, Forgot to say thanks. If I could grade it I'd give it an A+ lol, or Chevy Chase might.

            Comment


              #21
              Originally posted by HTX View Post
              Frogger, Forgot to say thanks. If I could grade it I'd give it an A+ lol, or Chevy Chase might.
              You can grade it by clicking on the "yes" in the upper right hand corner of his post.
              There are two secrets for success in life:
              1.) Never tell everything you know.

              Comment


                #22
                I know.

                Comment


                  #23
                  Originally posted by HTX View Post
                  debee---The danger? Geez, where do you want to start? Well, remember, everything doesn't magically end with a production subpoena that some greedy lawyer faxes from the comfort of his office to any business in the country that he so chooses just because, yawn, it might produce something. Subpoenas themselves end up destroying (irrespective of whether a case has substance or not) relationships, both personal and business. If you can't envision that, just imagine you were going along your merry life, and wrote a check to someone and that someone was later wrongly sued in court, would YOU want to have your named all over public records (praying every day that each instance is redacted) when neither you nor the recipient have done anything wrong? Or maybe you'd prefer being hauled in by avaricious attorneys for a day-long deposition fest because you have no privacy because your name was on a check that happened to have been one of several that showed up in the production subpoena to a bank or other facility? Sounds like a lot of fun, right? Hey, what about if you were a vendor for the company? Would you be equally excited about having all of YOUR completely unrelated records (personal or business) utterly ransacked by a production subpoena? Or having to redact everything "but" what was asked for out of tens of thousands of files including all personal, financial and trade secret data? Cuz you know you're next. You and everyone else who wrote a check for a bunch of flowers. Nah, there's no danger in having your privacy totally invaded. And you may have just been a customer! You're not going to be very happy about that. Come to think of it, you might tell a few friends about the utter waste of time you went thru because of some production subpoena. It's just fuel to the fire, right? Hmm, or what about if, as a vendor, you were the sole supplier of a key component, like roses, to the company? Same thing. Hurts relationships. There are very real repercussions for the utter loss of privacy in our legal system. Don't fool yourself that subpoenas don't destroy innocent lives, healthy relationships and law-abiding businesses. From friends who've been sued, I hear about this stuff all the time. They did nothing wrong, but some customer or competing company decides to file some phony suit. The last thing on an attorney's mind is collateral damage. If they can extract an ounce of information from 100 individuals, so be it! That's just "more leads". It's like bill collectors. Leads, leads, right? "Talk to the neighbors", "pretext", subpoena the bank and every vendor, it's all the same in the end. Just because you "can" do something doesn't mean you should. Just imagine how you would feel if my lawyer suddenly sent you a production subpoena for all of your records going back x years plus notice to appear at a 7-hour deposition for no reason other than to harass the buyer an destroy business relationships? Chance are you're going to feel some pain and you're sure as heck going to be a lot less likely to do business with that company, no matter what they did or did not do. It's the standard in business today and just another form of harassment we endure.
                  I really don't understand what you are suggesting. Are you stating the act of depositing a customer's check into your business account could end up destroying your business and personal life? What business are in in if I may ask?
                  Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                  Comment


                    #24
                    hmm

                    Do you really think that's what I'm saying? If so, you need to go back and reread the thread. We're not talking about business accounts. I'm a florist, by the way, since you asked.

                    But if you were just being sarcastic, then my answer is this: Debee was asking about subpoenas and what harm they cause. I thought to share some of my colleagues' experiences with civil case-naive and well meaning users here.

                    Thanks for your question.

                    Comment


                      #25
                      Originally posted by HTX View Post
                      The point is that, even though they can't intercept your money as the teller hands it to you, could they, by way of above, get the name of the branch and subpoena it for all the checks cashed for you, run totals, etc. That can be a greater danger.
                      I confess that I am naive because I still don't understand the danger of the having your creditor "run totals". I do understand that you wouldn't want your customers to have to testify that they in fact wrote that check for the dozen roses, but what's the issue with the totals. This isn't a sarcastic question. It's genuine.
                      There are two secrets for success in life:
                      1.) Never tell everything you know.

                      Comment


                        #26
                        I think you're missing the point

                        totals as in total # of checks. It looks like you're missing the point again, which is precisely the point of my earlier response, ie that a massive number of collections types and attorneys have become so desensitized to the pain that befalls innocent bystanders (collateral damage) just for the "odd" chance that they can find something that will appear to the judge as ""evidence" (that even they don't believe themselves when they're filing those subpoenas) every time you or your office orders production subpoenas, fancying how much evil power you hold. My personal theory is that those types of attorneys were abused, belittled, and taunted as children. Production subpoenas gives them that sense of "control" and "revenge" on the cruel world they knew. Just my thought for the day.

                        In the future, I'd ask that you refrain from responding to my threads. You seem to intentionally lose focus and confuse readers and negatively engage. This site should offer a way to block posts instead of ignore, as in "this user no longer wishes to receive posts on his threads from you". Something to that affect. Hope you can respect that. There are 1000s of other posts you can meddle with.

                        Comment


                          #27
                          Originally posted by HTX View Post
                          debee---The danger? Geez, where do you want to start? Well, remember, everything doesn't magically end with a production subpoena that some greedy lawyer faxes from the comfort of his office to any business in the country that he so chooses just because, yawn, it might produce something. Subpoenas themselves end up destroying (irrespective of whether a case has substance or not) relationships, both personal and business. If you can't envision that, just imagine you were going along your merry life, and wrote a check to someone and that someone was later wrongly sued in court, would YOU want to have your named all over public records (praying every day that each instance is redacted) when neither you nor the recipient have done anything wrong? Or maybe you'd prefer being hauled in by avaricious attorneys for a day-long deposition fest because you have no privacy because your name was on a check that happened to have been one of several that showed up in the production subpoena to a bank or other facility? Sounds like a lot of fun, right? Hey, what about if you were a vendor for the company? Would you be equally excited about having all of YOUR completely unrelated records (personal or business) utterly ransacked by a production subpoena? Or having to redact everything "but" what was asked for out of tens of thousands of files including all personal, financial and trade secret data? Cuz you know you're next. You and everyone else who wrote a check for a bunch of flowers. Nah, there's no danger in having your privacy totally invaded. And you may have just been a customer! You're not going to be very happy about that. Come to think of it, you might tell a few friends about the utter waste of time you went thru because of some production subpoena. It's just fuel to the fire, right? Hmm, or what about if, as a vendor, you were the sole supplier of a key component, like roses, to the company? Same thing. Hurts relationships. There are very real repercussions for the utter loss of privacy in our legal system. Don't fool yourself that subpoenas don't destroy innocent lives, healthy relationships and law-abiding businesses. From friends who've been sued, I hear about this stuff all the time. They did nothing wrong, but some customer or competing company decides to file some phony suit. The last thing on an attorney's mind is collateral damage. If they can extract an ounce of information from 100 individuals, so be it! That's just "more leads". It's like bill collectors. Leads, leads, right? "Talk to the neighbors", "pretext", subpoena the bank and every vendor, it's all the same in the end. Just because you "can" do something doesn't mean you should. Just imagine how you would feel if my lawyer suddenly sent you a production subpoena for all of your records going back x years plus notice to appear at a 7-hour deposition for no reason other than to harass the buyer an destroy business relationships? Chance are you're going to feel some pain and you're sure as heck going to be a lot less likely to do business with that company, no matter what they did or did not do. It's the standard in business today and just another form of harassment we endure.

                          In the future, I'd ask that you refrain from responding to my threads. You seem to intentionally lose focus and confuse readers and negatively engage. This site should offer a way to block posts instead of ignore, as in "this user no longer wishes to receive posts on his threads from you". Something to that affect. Hope you can respect that. There are 1000s of other posts you can meddle with.
                          If you are worried about being called for depos or subpoenas then stop writing checks. IMO I think you are over thinking this. I highly doubt a judge is going to allow every attorney subpoena every single person who wrote a check to a person being sued. Unless you are doing something fraudulent I don't see what the issue is.

                          Quote in bold - Uhhh??? I didn't get that from Dee's post.
                          "I DECLARE BANKRUPTCY!" Ch 7 Filed 7/15/11 * 3 Minute 341 8/19/11 * Discharged 10/20/11

                          Comment


                            #28
                            Freddy03/Deb --You're not paying attention. Before you berate someone or make insinuations, you ought to at least understand the post. It just tarnishes the post and makes it dirty. The original question was very simple and has already been answered.
                            "Stop writing checks?"
                            What are you talking about!! Don't tell me i'm overthinking my own post when you have no clue what we're talking about. The poster isn't writing checks. It was about cashing checks--the OPPOSITE of what you came in with in the eleventh hour. My question has already been answered. If you have questions you need answered, start your own post! My question has already been resolved. You just end up obfuscating the issues and confusing the readers. It's unfair to them Debeeeee(Freddy03). Debe or not debe. lol

                            Comment


                              #29
                              Enough is enough. HTX, I am sorry that you do not like the answers you are getting, but that is no reason to be rude and obnoxious to the posters responding to you. This thread is closed. Any further actions like these may/will result in you being banned.
                              "To go bravely forward is to invite a miracle."

                              "Worry is the darkroom where negatives are formed."

                              Comment

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