WSVN — He got paid with a check and the check bounced, and then the check writer wouldn’t make it good. Is writing a bad check to someone a crime? To find out, one business owner called Help Me Howard with Patrick Fraser.
Of course most people want to be the boss. Jorge Figueredo did something about it.
Jorge Figueredo: "I opened up a company three and a half years ago, and I started soliciting and getting accounts."
Jorge owns Professional Guard Services, providing everything from bodyguards for celebrities to security for businesses and big events.
Jorge Figueredo: "I got contacted by these two gentleman about an international salsa festival down here in Miami. First time that they do it in Miami."
As this promotional YouTube video shows, the salsa festival was at Tamiami Park with big names performers.
Jorge got the contract to provide security for everything.
Jorge Figueredo: "We had a total of 30 guards working Friday, Saturday and Sunday. Thirty guards."
Patrick Fraser: "Is that a big event?"
Jorge Figueredo: "It’s a huge event."
Before the event, Jorge got a $2,500 deposit.
Jorge Figueredo: "They usually have to pay me in full before any event, and I let it go this time because of how highly recommended they came."
The July festival went well.
Jorge Figueredo: "I was complimented by a couple of big people from the event, how happy they were with all of my guys."
A few days later, Jorge got his check for the $7,124 he was owed and then.
Jorge Figueredo: "I put that check into my bank account, my business bank account. Five days after, my bank comes back and tells me the check has no funds."
Jorge immediately started contacting the festival promoter, over and over.
Jorge Figueredo: "I have called him, I have texted him since it happened, and his favorite phrase is give him a couple of hours to take care of this situation, a couple of hours, and it’s been already 10 days of this long hours."
Jorge laughs at the excuse, but he is not amused.
Jorge Figueredo: "This to me is an embarrassment for me because it’s the reputation of my company with my employees."
Jorge called us to try to get the money for him. If we failed, he said he would have to take out a loan because his guards worked, and they have to be paid.
Jorge Figueredo: "That’s my priority because those are the guys that work for me on a daily basis, on a weekly basis, and that’s my concern."
Well, Howard, Jorge didn’t get paid and because of that, 30 employees are not getting paid. Legally, what should they do?
Howard Finkelstein: "Intentionally writing a bad check is a crime, and if it’s over $150, it’s a felony. But before you notify the State Attorney, send the check writer a letter giving them 15 days to make it good. If they make the check good, it’s no crime. If they don’t do it in that time frame, then contact the State Attorney."
We contacted the owners of American Business Entertainment, who wrote the bad check to Jorge. When we asked why their check to Jorge bounced, they said it didn’t, that they stopped payment to clear up some questions they had about the hours the security guards worked.
Jorge counters with his bank statement that reads "funds are not sufficient" to cover the check. But to American Business’s credit, after we talked to them, they gave Jorge two checks, totaling the $7,124 they owed him.
Howard Finkelstein: "If you get a bad check, you can also sue in small claims court, but it’s better to let the State Attorney handle it because they collect the money you are owed for you."
Jorge Figueredo: "I really want to thank Patrick."
Jorge got his money, his employees got paid, and he protected the reputation of his business after one call to Help Me Howard.
Jorge Figueredo: "I am very happy that I called Help Me Howard, and you guys responded to me so quickly."
Glad you called us, Jorge, and glad we could help. If someone owes you money, and you are worried about their check bouncing, take it to their bank to see if it’s good or try to get cash or a cashier’s check or let them pay you with a credit card, and if you do get a bad check, report it.
In a bad situation you want us to check on? Don’t keep bouncing around, contact us. We can’t provide security, but we can guard against you getting ripped off. With this Help Me Howard, I’m Patrick Fraser, 7News.
Bad Check Reporting Information
Miami-Dade County
http://www.miamisao.com/services/badcheck/index.htm
Broward County
http://www.checkprogram.com/staticwebsites/browardcountyfl/
Monroe County
http://www.keyssao.org/home/worthless-check-recovery
Link for a sample demand letter:
http://www.checkprogram.com/staticwebsites/browardcountyfl/notice.htm
CONTACT HELP ME HOWARD:
E-mail: helpmeHoward@wsvn.com (please include your contact phone number when e-mailing)
Reporter: Patrick Fraser at pfraser@wsvn.com
Miami-Dade: 305-953-WSVN
Broward: 954-761-WSVN
On Twitter: @helpmehoward7