onmeld asked this question 6 years, 6 months ago:

Sold Car Check Bounced

I am a DoD civilian PCSing in three weeks. Sold my car to another DoD civilian not coworker and his check bounced. I am going to ask for cash but what are my options if he does not come through? German Police? We transferred ownership of car already



6 years, 6 months ago

I'd call the legal office. Bouncing a check is illegal. Depending on the amount of the check, it could be a felony. And, if he is a habitual check bouncer, it could be worse for him.

I know that in the U.S., if someone bounces a check, you can ask for trebel damages. That means you get three times the amount of the check. At this point, I think you'd be happy just being paid.

Give the legal office a call.

6 years, 6 months ago

Quote by onmeld:
I am a DoD civilian PCSing in three weeks. Sold my car to another DoD civilian not coworker and his check bounced. I am going to ask for cash but what are my options if he does not come through? German Police? We transferred ownership of car already


Your first step as you said, is to ask for proper payment and ask him to cover any bank fees you might have been charged. If that does not work go see his chain of command. Then legal.

Quote by JOFTAA:
I'd call the legal office. Bouncing a check is illegal. Depending on the amount of the check, it could be a felony. And, if he is a habitual check bouncer, it could be worse for him.

I know that in the U.S., if someone bounces a check, you can ask for trebel damages. That means you get three times the amount of the check. At this point, I think you'd be happy just being paid.

Give the legal office a call.


It's only illegal to bounce a check if you knowingly do it.

6 years, 6 months ago

You may be screwed dude! Contact the buyer/scammer ASAP and let him know the check bounced. If he ignores you or strings you along, he may be hoping you leave the area before he really has to pay for the car. Because you're both civilians military legal authorities are not going to get involved in the issue....probably the same with his "chain of command"....other than to tell you to go to the German authorities. (Could be "theft by fraud/deceit" but not sure how the Germans would consider it.) Sounds like you were pretty desperate to unload your vehicle if you took a check. Cash is best...now you know why. Good luck.

6 years, 6 months ago

Quote by Hans:
You may be screwed dude! Contact the buyer/scammer ASAP and let him know the check bounced. If he ignores you or strings you along, he may be hoping you leave the area before he really has to pay for the car. Because you're both civilians military legal authorities are not going to get involved in the issue....probably the same with his "chain of command"....other than to tell you to go to the German authorities. (Could be "theft by fraud/deceit" but not sure how the Germans would consider it.) Sounds like you were pretty desperate to unload your vehicle if you took a check. Cash is best...now you know why. Good luck.


DoD Civilians fall under the same UCMJ rules overseas as Active Duty and the DoD/Army will most certainly get involved.

I think the quick fix is that the seller holds the keys/car until payment is made.

6 years, 6 months ago

Quote by Bergman:
Your first step as you said, is to ask for proper payment and ask him to cover any bank fees you might have been charged. If that does not work go see his chain of command. Then legal.



It's only illegal to bounce a check if you knowingly do it.


Bergman - While what you say is true, I have a problem believing that someone would write a check in an amount large enough to purchase a car, without knowing how much money is in the account. I'm thinking it was done on purpose. The easiest way to know, I suppose, is to see if the purchaser of the car makes good on the check. If the purchaser made an innocent mistake, the problem will be taken care of immediately and without hesitation. If the buyer doesn't make good, then take appropriate action. I would not wait even a day to resolve this if I were in your shoes.

6 years, 6 months ago

Quote by JOFTAA:
Bergman - While what you say is true, I have a problem believing that someone would write a check in an amount large enough to purchase a car, without knowing how much money is in the account. I'm thinking it was done on purpose. The easiest way to know, I suppose, is to see if the purchaser of the car makes good on the check. If the purchaser made an innocent mistake, the problem will be taken care of immediately and without hesitation. If the buyer doesn't make good, then take appropriate action. I would not wait even a day to resolve this if I were in your shoes.


We don't know how "large" the check was since there was was no amount given. It could be an issue of two people writing checks on a joint account and not communicating thus bouncing one.

That being said, who writes checks anymore?

6 years, 6 months ago

Quote by Bergman:
We don't know how "large" the check was since there was was no amount given. It could be an issue of two people writing checks on a joint account and not communicating thus bouncing one.

That being said, who writes checks anymore?


That is probably the best point of this thread. To be honest, I had several thoughts about the OP, but have to keep a certain amount of decorum.

1. Who writes checks anymore?
2. Who would accept a check for the sale of a car?
3. Why would anyone transfer the title without knowing the check cleared?
4. How many licks does it take to get to the Tootsie Roll center of a Tootsie Pop?

This is a good life lesson. Not only for the person who is living the lesson, but also for those who read this thread.

I really hope this issue gets worked out.

6 years, 6 months ago

MEJA....again, highly doubt military legal would get involved over a bounced check in this instance.

http://www.justice.gov/sites/default/files/criminal-hrsp/legacy/2011/02/04/03-10-08dod-ucmj.pdf

6 years, 6 months ago

Quote by Hans:
MEJA....again, highly doubt military legal would get involved over a bounced check in this instance.

http://www.justice.gov/sites/default/files/criminal-hrsp/legacy/2011/02/04/03-10-08dod-ucmj.pdf


With MEJA, the SJA has to coordinate the case with Lit Div at HQDA. They then have to ask DoJ is they'll prosecute (as all MEJA cases get tried in the D.C. Circuit). Usually, it has to be a pretty serious offense. When I was in Afghanistan, we had several contract fraud cases (over 100K) that DoJ would not prosecute.

6 years, 6 months ago

Appreciate all the responses! This site is a great asset. To comment on some answers that led to other questions. Check was $2k. I still use checks, maybe cause I am in my 50s I have never had a check bounced on me. Usually GS14 DoD civilians are on their game and I would not expect them to bounce a check. If I was dealing with a PFC or other civilian I would have asked for cash. I was not desperate to sell the car I had not even put it on the lemon lot. This person was new to area and told me they were interested in car so I sold it to them, they paid asking price seems that they failed to transfer money on time and in this electronic age the check bounced the second day after being deposited. The check was redeposited and it looks like it cleared.

6 years, 6 months ago

Quote by onmeld:
Appreciate all the responses! This site is a great asset. To comment on some answers that led to other questions. Check was $2k. I still use checks, maybe cause I am in my 50s I have never had a check bounced on me. Usually GS14 DoD civilians are on their game and I would not expect them to bounce a check. If I was dealing with a PFC or other civilian I would have asked for cash. I was not desperate to sell the car I had not even put it on the lemon lot. This person was new to area and told me they were interested in car so I sold it to them, they paid asking price seems that they failed to transfer money on time and in this electronic age the check bounced the second day after being deposited. The check was redeposited and it looks like it cleared.


Good deal! Glad you got the money. I, too, am in my 50's. I (lowering head) sometimes write a check, too. It could have gone badly, so I am happy for you that it didn't. Did you ask for reimbursement for the bounced check fee?

6 years, 6 months ago

Quote by JOFTAA:
Good deal! Glad you got the money. I, too, am in my 50's. I (lowering head) sometimes write a check, too. It could have gone badly, so I am happy for you that it didn't. Did you ask for reimbursement for the bounced check fee?


If it was the same check, the bank usually doesn't charge a fee. It's a free bounce.....

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