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-   -   Very Frustrated. Local mazda dealer BOB PENKHUS accused me of bad check. (https://www.rx8club.com/rx-8-discussion-3/very-frustrated-local-mazda-dealer-bob-penkhus-accused-me-bad-check-172417/)

exsequor 04-25-2009 11:54 AM

Very Frustrated. Local mazda dealer BOB PENKHUS accused me of bad check.
 
I went to these fuckers about 8 months ago, and I believe the $71.00 was when I got my spark plugs changed (for the labor). Anyways, I don't know how the check I wrote didn't go through, but my guess is that they waited to cash it, and I had changed part of my account number before they cashed it so it didn't go through. Anyways they took it to the Colorado Springs Fourth D.A. or whatever and I just got my first letter from them yesterday. They say I owe them $350.00 for the bad check and for classes I have to attend. I REFUSE TO PAY THIS FOR A CHECK THAT WAS NOT BAD, AND WAS NOT INTENTIONALLY MADE BAD. I just found out about this yesterday. They say any "bad check" under $100 is 6 months in jail. Fuck that. I'm sorry but I am not a criminal and I will not pay more then the $71.00 invoiced amount. What can I do? I seriously just heard about this now..and I am absolutely appalled! $350.00 + a day long class for a check that accidentally bounced because I changed my account info for different reasons?? Give me a break. I didn't even know about it til yesterday.

I need help guys lol im pissed.

Zerotide 04-25-2009 12:01 PM

Get a lawyer.

exsequor 04-25-2009 12:07 PM

I'm sure that would be way more then the $350. They said I have 10 days to act. Financially I don't need more of this shit happening to me. This type of shit is the reason im not doing as well financially as I should be. I'm pissed. 6 months in jail for something was I didn't do intentionally??

alnielsen 04-25-2009 12:21 PM

The first consolation with a lawyer is free. All it may take is a letter from him to clear this up. It may not cost you much at all.
BTW, the penalty that they have quoted you is most likely the maximum penalty imposed. Not necessarily what a judge would issue you if this went to court. It is a way to scare the money out of you. You probably owe them the $71 plus the amount charged for the bounced check ($20-50). You do have some responsibility here as you should have known this check was outstanding while balancing your checkbook.

Zerotide 04-25-2009 12:25 PM

Yes as alnielsen said first visits with a lawyer are free... he/she can give you some ideas of what your options are and will probably have experience with situations like this.

6 months for a bounced check under $100 dollars is ridiculous. No way you would get that if you explained the situation. Go talk with a lawyer.

exsequor 04-25-2009 12:30 PM


Originally Posted by alnielsen (Post 2988152)
The first consolation with a lawyer is free. All it may take is a letter from him to clear this up. It may not cost you much at all.
BTW, the penalty that they have quoted you is most likely the maximum penalty imposed. Not necessarily what a judge would issue you if this went to court. It is a way to scare the money out of you. You probably owe them the $71 plus the amount charged for the bounced check ($20-50). You do have some responsibility here as you should have known this check was outstanding while balancing your checkbook.

You're right. Although it really was by error. I was even busier back then. Anyways, I don't have a problem paying a bounced check fee. I'm going to call the 1-866 number that is on the court summons shet. Have to wait til monday tho.
As long as I don't have to pay that full $350 thatd be fine.

PSTNLSS 04-25-2009 12:39 PM

Unfornately it was an error and human mistake but still. They don't have sympathy

exsequor 04-25-2009 12:53 PM

Yea. It sucks lol.

I wouldn't be cynical like this, but this is all within the same year that I got arrested for a DUI the same week as my birthday. I got pulled over in leadville and the cop searched me and found a pipe. I smoke weed. I was not smoking and driving. He gave me a road side sobriety test and I spent 32 hours in jail. $3000+ and 5-6 months later here I am with NO DUI. I had to get a very quality lawyer and then fight the DUI based on the fact that I had video evidence (patrol car DVD) that proved I was sober based on my actions. I mean come on. It didn't even involve alcohol. I never drink and drive. Who here has ever heard of a DUI for marijuana? I hadn't until that night. Luckily the prosecutor and D.A. agreed ($3k later lol).

That was within the same 2 weeks I broke up with my money-pit of a girlfriend of two years. Yes I am sort of cynical about the law and money right now lol. /end rant

:lol:

(btw im not forcing anyone to read these posts, im just venting lol)

MikeTyson8MyKids 04-25-2009 01:11 PM

Ok...that last post made this a bit more interesting. If I were you, I wouldn't be posting about your "extra curricular" activities, especially while you might be heading to a court about this bad check.

Razz1 04-25-2009 01:30 PM

They also charge for court time in many states. So add another 100 bucks to that plus the Attoruney will want 100 bucks plus fine and banks fees.

Your near 350 bucks.

You know something..... the law is GOD. Be careful and good luck.

shazy 04-25-2009 01:44 PM

All I have to say to this is good luck man, you never know what bullshit people can pull. But wtf... a DUI for weed?! Did they find any of it or was it just the pipe, in that case that's pretty dumb.

exsequor 04-25-2009 02:56 PM

No weed on me. One glass pipe. I posted that to give you my perspective on our legal system. I try to abide by its rules as good as possible, but it still bites me. :lol: Its all good..I'm just going to call the D.A. on monday and see what I can do. If I have to pay the 350 its alright, I just hate having to pay extra like that.

renesisgenesis 04-25-2009 03:14 PM

If they couldn't find weed, there is nothing illegal about having a piece of glass in your car. Here in Oregon, tobacco shops sell glass pipes legally all the time. Of course they are for "tobacco use only" haha.

exsequor 04-25-2009 03:16 PM

It was paraphanilia cuz it had weed resin all over. But no weed. The case couldn't hold in court but the fact I had to go thru so much trouble & money sucked. Our system sux. Whats new I guess lol.

ken-x8 04-25-2009 04:37 PM

You should be entitled to a trial before they hit you with a fine.

You need a lawyer. You should talk to one BEFORE you call that 866 number. You should also not post any more to this thread until after you see a lawyer and he tells you it's OK. (That'll be the day!)

Ken

amacrx8 04-25-2009 04:41 PM

My God, why are you paying an amount of $71 with a check? Are you 90 years old? Do you hold people up in the grocery store??

itzHollywood 04-25-2009 06:29 PM

hahahaha at above, i personally am to urbane for cheques, cash only.

exsequor 04-26-2009 07:03 PM


Originally Posted by amacrx8 (Post 2988429)
My God, why are you paying an amount of $71 with a check? Are you 90 years old? Do you hold people up in the grocery store??

Cuz I'm 92. :lol:

I enjoy holding people up in line..if that's what you call it. :)

Davey's RX-8 04-27-2009 06:33 PM


Originally Posted by exsequor (Post 2988201)
Who here has ever heard of a DUI for marijuana? I hadn't until that night.

That's a rhetorical question, right?

kersh4w 04-27-2009 07:26 PM

there is a reason they changed it from driving while intoxicated to driving under the influence.

under the influence is a much broader term.

refugeefrompistons 04-27-2009 09:06 PM

ugh, never use a check, its very annoying for other customers along with businesses. Plus, i don't see the appeal of it at all, makes it to steal money compared to cash.

StormyBluePhil 04-27-2009 09:27 PM

Hate to say it. Suck it up. Pay the money now and move on. You will only dig a deeper hole for yourself. Don't get a lawyer.

amacrx8 04-27-2009 09:53 PM

Getting a lawyer for such a small amount will only benefit the lawyer, not you.

RotaryResurrection 04-28-2009 09:07 PM

People still use checks in 2009? Paper checks should be banned for all but payroll or mail order purchases/billpaying. In person transactions should be conducted via cash, credit or debit card.

renesisgenesis 04-29-2009 06:09 PM


Originally Posted by RotaryResurrection (Post 2993876)
People still use checks in 2009? Paper checks should be banned for all but payroll or mail order purchases/billpaying. In person transactions should be conducted via cash, credit or debit card.

Is it ok to pay rent with a check? does that fit under "billpaying" ?


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