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Old 10-20-2012, 07:30 AM   #31
Paven
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Taint is that little strip of land that starts from under your balls and goes to your back door.

Taking a check and giving someone real world information? Common sense doesn't seem to be so common anymore.
Chalk it up to a hard lesson learned.
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Old 10-20-2012, 07:46 AM   #32
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[QUOTE=voyeuristicallyspeaking; 1051772285]Bogus Checks in Oklahoma

Bogus Check Restitution Program
Bogus Check Affidavit (PDF)[/URL]

Thanks voyeur for the research.
The affidavit is confusing to us though.
It references bad checsk being passed for cash or merchantdise.
Nothing about a service, and an employee name??
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Old 10-20-2012, 08:00 AM   #33
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I am an Oklahoma attorney with all too many years of experience. The DA will only prosecute or attempt to collect for bad checks given in exchange for goods or cash. Checks
given in exchange for services only are not covered and can only be pursued in civil court.
If you give me a hot check for legal services I cannot have you prosecuted criminally.

If you give a bad check for illegal services, you can't use the courts to collect either in criminal or civil court. If you give me a check to buy drugs, you can't collect. It's the same
for obtaining sexual services.
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Old 10-20-2012, 08:37 AM   #34
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Quote:
Originally Posted by Bambi17 View Post
I am an Oklahoma attorney with all too many years of experience. The DA will only prosecute or attempt to collect for bad checks given in exchange for goods or cash. Checks
given in exchange for services only are not covered and can only be pursued in civil court.
If you give me a hot check for legal services I cannot have you prosecuted criminally.

If you give a bad check for illegal services, you can't use the courts to collect either in criminal or civil court. If you give me a check to buy drugs, you can't collect. It's the same
for obtaining sexual services.
Thanks Bambi. I guess that puts everything to rest.
I'll just do what us goodfellas do back east and bust him up.
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Old 10-20-2012, 08:42 AM   #35
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Quote:
Originally Posted by wd420 View Post
What's TAINT?
Do not listen to Paven. She does not understand the magical qualities of taint.

Taint pussy, taint ass. Its the little patch of happiness in between.
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Old 10-20-2012, 08:58 AM   #36
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Quote:
Originally Posted by pyramider View Post
Do not listen to Paven. She does not understand the magical qualities of taint.

Taint pussy, taint ass. Its the little patch of happiness in between.
Should add in the definition of taint somewhere that pyramider is obsessive with taint to the point of being tainted himself.....
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Old 10-20-2012, 05:20 PM   #37
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I think you're wrong, Mr. Oklahoma Attorney. If a massage therapist takes a check, that's a service... and if the check is bad, they can take it to the DA in Oklahoma. Same with a mechanic providing a service, acupuncturist, hair stylist, or anyone in the service industry. A bad check is a bad check. Take it to the DA. The dude wrote a bad check in the girl's name. He's gonna have a hard time fighting it when he signed it and wrote it to her real name. She can always say he loaned her the money or she babysat or anything else and the check was bad. There's no proof other than she has a check written to her real name and signed by him. I doubt the dude's gonna go into court saying "I paid her to be my sugarbaby for 4 hours." He's not gonna admit it unless he really has nothing to lose. I'd say just take it to the DA.
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Old 10-20-2012, 06:03 PM   #38
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Quote:
Originally Posted by voyeuristicallyspeaking View Post
I think you're wrong, Mr. Oklahoma Attorney. If a massage therapist takes a check, that's a service... and if the check is bad, they can take it to the DA in Oklahoma. Same with a mechanic providing a service, acupuncturist, hair stylist, or anyone in the service industry. A bad check is a bad check. Take it to the DA. The dude wrote a bad check in the girl's name. He's gonna have a hard time fighting it when he signed it and wrote it to her real name. She can always say he loaned her the money or she babysat or anything else and the check was bad. There's no proof other than she has a check written to her real name and signed by him. I doubt the dude's gonna go into court saying "I paid her to be my sugarbaby for 4 hours." He's not gonna admit it unless he really has nothing to lose. I'd say just take it to the DA.
Now that's just flat out stupid.

Even in bum fuck Oklahoma, do you believe a DA is going to divert his/her office's resources to prosecuting a bounced check given to an out of state hooker. This may come as a shock to you but not everything that is illegal and is caught is prosecuted. Also, the DA is a political office. Perhaps if the person was a big donor the DA may quietly try to pressure the john into paying up. Otherwise, why would he/she do it? What's the upside? Come reelection in bum fuck OK, is he/she going to make this case the centerpiece of his campaign? Hey look I made sure a hooker didn't get cheated. It's more likely to be used by his/her opponent.

Back to the OP. Tell your friend to consider this the price of her lesson and move on. She's not getting her money.
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Old 10-20-2012, 06:27 PM   #39
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Sorry that happened to your friend, that was flat out bad move on her part to accept a check, maybe one hour but 4 would have been a red flag for sure. On the positive side ..I bet she never falls for any thing like that again


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Old 10-21-2012, 08:35 AM   #40
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First, has she been in touch with him? it could be (not likely, I'll grant) that it was an honest mistake. It's worth a shot. Lots of angles here.
-
Second, there are bank issues to consider. If the check was returned, have it redeposited, and be aware of when you're doing it. People are usually paid either every two weeks or twice a month. If this was a fairly well off client, I'd go with twice a month, so have the check redeposited on the 15th or the last business day of the month. Since some upper management and executive types are only paid once a month, the last business day of the month might be best.
-
OR, it's possible he put a stop pay order on the check. If that's the case, very few people know that a stop pay is only good for six months, then has to be renewed, for an additional fee. So keep the check and have it redeposited once six and a half months has gone by.
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Old 10-21-2012, 12:00 PM   #41
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Quote:
Originally Posted by Chicago K9 View Post
First, has she been in touch with him? it could be (not likely, I'll grant) that it was an honest mistake. It's worth a shot. Lots of angles here.
-
OR, it's possible he put a stop pay order on the check. If that's the case, very few people know that a stop pay is only good for six months, then has to be renewed, for an additional fee. So keep the check and have it redeposited once six and a half months has gone by.
Yes they have texted back and forth a few times now, but he hasn't made good on his promise to make the check good for a few weeks now.


Who renews? and who pays the fee?
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Old 10-21-2012, 12:41 PM   #42
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Charge it to the game.
(Google Monica Foster & Lenny Dykstra)
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Old 10-21-2012, 07:26 PM   #43
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Well, it's time for the friend to play dirty, unless she wants to wait nearly six months to redeposit the check. Scan it, blur out the provider's last name, and send a copy to whatever address is on the check, with a note that he has (pick a number of) days to make good with a cashier's check or a money order before she posts this check online. I'm guessing she gets paid within the specified time frame.
-
Regarding Oklahoma law, the following applies:
"Title 21. Crimes and Punishments.
Chapter 61. False Pretenses, False Personations, Cheats and Frauds § 21-1541.1. Obtaining or Attempting to Obtain Property by Trick or Deception – False Statements or Pretenses – Confidence Game – Penalty.
Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any person, firm or corporation any money, property or valuable thing..."
I am most definitely NOT an attorney, but I do work in the legal field and have for over two decades. It seems pretty clear that professional services rendered would qualify under this Statute as a "valuable thing" and would therefore be protected.
-
Now, understand that this is for legal services (meaning the professional services provided that are legal in and of themselves, not limited to the services of an atty) only. Courts in literally every jurisdiction have taken or implemented a "dirty hands" policy, meaning don't come to this Court with dirty hands (having broken or attempted to break a law) and ask this Court to render a verdict in your favor when your action resulted in you being cheated or in losing money. In other words, don't come to Court with dirty hands expecting the Court to give you satisfaction. You can't ask a court to force the john to pay the girl, presumably on a breach of contract complaint, because one of the four basic elements of a contract is that it has a legal purpose.
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