Replies to post #281142 on Spongetech Delivery Systems, Inc. (fka SPNGQ)

[loanranger]

Music,
Can't help with the New York law, but I suspect that it's different, rightly or wrongly, for the consumer versus the corporation........probably true for Florida, too, given the difficulty in pulling corporations over and slapping cuffs on 'em.
But I sure do agree that for a company to issue an insufficient funds check rather than to not issue a check at all is weird......it almost could be described as a sign of corporate "immaturity". In most situations, either the debtor has an arrangement in place with the bank on which the check is drawn to accomodate overdrafts via a credit line or extended terms are negotiated with the creditor.......or the phone is left off the hook. The possibility has not been mentioned that the checks could have been drawn on a closed account, which wouldn't seem likely, but....... BTW, I suspect that the closed account situation is what precipitates the Fla cuffs, given that the fact that the account is closed can be construed as intent.

[P2O I'm from MO]

In NY you have to file with the sheriff's office after you attempt to collect. Then the sheriff makes a visit. I don't remember the amount of time the check kiter is allowed to make good. I beleive they do have to pay the sheriff or go with them with bracelets.