Had a Check Returned and I Havent Gotten My Check Back

Updated on April 24, 2009
A.B. asks from Butler, PA
6 answers

Ok, this is for my sister in law and Im going to apologize now for the lengthyness She and my mother in law had a jewelry party back in november. We had a bunch of problems with the order and were lied to numerous times as to what was going on. The check that she wrote was returned and the info she got from the bank originally was that it was paid.(my sister in law is only 17 and she holds her own account).

3 months later the consultant contacts my mother in law tellin her that the check was returned, the bank had put it through 4 times but meanwhile was only submitted once, and she needed it returned asap. My mother in law was tryin to figure all this out and a day later the consultant calls and threatens magistrate. After a couple nasty phone calls to my mother in law. She gets the money and asks if that day was good to meet. She said no to meet her 2 days later at 11 or 12. The consultant was told to call my mil as to the place and time. She hasnt heard anything from her since. Fast forward a couple weeks my mil mails out a certified letter with the money order, a letter stating that she received the funds and an envelope w/ a stamp to return the letter and the check. 3 weeks later money order has been cashed and no letter nor canceled check.
My question is what can my mil do now? My sil cant do much due to the fact that she is only 17. She has been lied to left and right since the beginning. Does she go to the magistrate? If anyone knows any info on how to procede it would be greatly appreciated.

Wanted to let everyone know that we had the show the beginning of November. We did not receive any of the items until the day before christmas. We had called and complained to the jewelry company then. While we were waiting for the jewelry to show up she made no comment what so ever on the returned check. And we received everything a month and a half after the show. We do have the jewelry. The only problem that we have now is the 3 months later notification of the returned check and 3 weeks after being notified and paid she still has yet to set the check that was returned to my MIL. It seems I confused everyone so I thought Id clear it up. Thanks

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answers from Erie on

There are a number of problems here -- First, what bank allows a minor to have a checking account with no adult on the account? Minors do not have the legal ability to contract, so they are not liable for any transaction they make on their accounts. That's the law. (I'm a banker)

2nd, if the bank returned the check to the person who wrote it, they would do so in her checking statement, which would mean it was PAID by the bank. The cancelled check (cancelled, meaning processed by the bank) is proof that the check was paid. Most banks do not return checks anymore, but store them electronically, and will provide a copy if she needs to prove that she got it.

A simple call to the bank should settle whether the check cleared or not. Generally, when it isn't paid, they bank will say it was "returned" and this means that there wasn't enough money in the account to pay the check, so the bank sends it back to the bank who presented it to them for payment, and that bank returns it to the person who deposited it -- namely the lady who did the jewelry party. (BTW, banks do not redeposit a check more than once. They send it through the system, and it may come back. If so, they can only send it back through one more time. After that the customer has to take the check and get the money from the person who gave them the check. And your MIL should have INSISTED on getting the check back when she sent the money order. Because the check is still legal tender if it is not returned to the maker.)

Anyway, Mom steps in, sends a money order, and it got cashed. That means that the money got there, and she can get proof from the issuer of the money order should she ever need it. I am assuming paying for the order isn't the problem ?

I am assuming that your sister in law hasn't received the order after collecting everyone's money ? (otherwise, there's no problem, right?) have her check the customer copies of the order forms, because there's probably a corporate number that can be called to complain about the service, and the company will want to see what it can do. I am assuming your sister in law has a cc of the order info ?

But, before I call the company, I would call the dealer, tell her that you have confirmation that the money order was paid, and that you want to know when the products will arrive. Keep track of the conversation -- the date, and what was said. Write it down. If she then fails to deliver, THEN call the company. I don't know if there's anything they will do to stand behind their good name, but if they won't intervene, THEN go to the authorities, with a copy of the order, a copy of the proof that the money order was cashed, and the notes from every conversation regarding the problem -- the calls to the dealer who did the party, and the calls to the company. Show in good faith that you tried to work it out, and the dealer failed to deliver. She should then be charged with having to produce either the order or return the money.

1 mom found this helpful


answers from Pittsburgh on

I'm really confused as to what you are asking here. Whose check was returned? It was returned by the bank because of insufficient funds? Who owes who money?

After reading the other response, I think I understand this better. Your SIL gave the consultant a check for the jewelry order, and the consultant claims it was bad? This should be easy to verify, call the bank the account is from and ask.

Your MIL/SIL should have done this first. If it was bad, then I would have insisted on a personal meeting and a simultaneous transfer, especially since it sounds like there were other concerns about the consultants honesty. She gives back the check, your MIL gives her a money order. Why oh why did she sent this shady lady a money order? If she was worried about legal action, she shouldn't have been. Your SIL/MIL have more grounds for a legal action than the consultant. They could at least file harassment charges.

If the check was good and was cashed, then the lady got her money, twice. She is definitely dishonest.

Did your MIL/SIL get the order? If so, then tell the consultant she got her money, you got the merchandise, please return the bad check asap and we will call it even. Then contact the jewelry company and complain about the consultants lack of professionalism.

Have they not gotten the order after sending the money order? Then it sounds like this woman is running a scam.

I assume your MIL got a signed receipt back since she sent it certified mail? So that with the money order being cashed proves the consultant got paid. Also ask the bank for a copy of the canceled check, if indeed it was paid.

She should immediately contact the jewelry company and complain. If they are legit, they will take care of it. If they don't, then your MIL/SIL should decide if it is worth taking legal action. For a small amount, I wouldn't bother, just chalk it up to a learning experience. If it is a large amount, then they should. This lady shouldn't get away with this.

Good luck to your SIL/MIL



answers from Philadelphia on

Call the company and get a local or her manager, higher up who handles the reps. Go from there. Sometimes you get a bad rep sometimes you get a good one. Good luck, I know this sucks but tell your mil to be calm and things should work out ok for her.


answers from Allentown on

Hi A.,

Let it go. It is a learning experience not to do this

Good luck. D.



answers from Pittsburgh on

I am a little confused about what you are saying but I sold for a home based company. All you have to do is call the company that the lady works for and report it to them. They should be able to get you your jewelry or tell you what to do in order to get your check back.
Also, you can go to the magistrate but I would take into consideration the fees and how much you are owed because if it doesn't cover it then it is not realy worth it.'
Hope this helps.



answers from Philadelphia on

Wow, I'm so sorry you had such a bad experience. I am an advisor for a home party jewelry company and I've never had something like that happen. I would check with your bank and find out if the check was cashed. If not, I'd cancel the check. They will probably charge a fee but at least the party rep won't get her money twice. I also would definitely contact the company directly and report what happened. If something like that happened with my company, they would definitely investigate and take proper disciplinary actions. Also, if you don't receive the products that you purchased and you have your receipt from the rep, they may send your product directly to you. That depends on the company's customer service policy. I hope that helps. Feel free to contact me directly if you need more advice.

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