Did mark schifter send you a bum check?
I know there are some of you out there who've looked to get back the money you paid to Mark Schifter. For example, if you were suckered into coming up with $6,000 for the privalege of being an RSL-II beta tester, you know by now that the RSL-II that you thought you were going to get is never going to happen. The compelling reason you all got taken in by this was the promise that Arnie Nudell was going to be involved. Well, as you all know, and if not you do now, Arnie Nudell bailed a couple of years ago and of course, that SOB Schifter went mum on the details. Hence, if there should ever be a speaker called an RSL-II it'll no more be one than changing the body on a Chevy Cavalier makes in a Cadillac Cimarron. It'd be a sham.
But I know a few of you,
like the screen name Jacka$$ from AV451, b!tched to Schifter and he sent them checks that bounced. You might've redeposited it and it bounced again. Or maybe he sent you a second or third check and those also bounced. Well unless I'm wrong, it turns out that you just might be able to do something about that even though it's been a couple of years later.
Consider the following Colorado Statute.
CRS 13-80-103.5. General limitation of actions - six years.
(1) The following actions shall be commenced within six years after the cause of action accrues, and not thereafter:
(a) All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action, all actions for the enforcement of rights set forth in any instrument securing the payment of or evidencing any debt, and all actions of replevin to recover the possession of personal property encumbered under any instrument securing any debt; except that actions to recover pursuant to CRS 38-35-124.5 (3) shall be commenced within one year;
(b) All actions for arrears of rent;
(c) All actions brought under CRS 13-21-109, except actions brought under CRS 13-21-109 (2);
(d) All actions by the public employees' retirement association to collect unpaid contributions from employers for persons who are not members or inactive members at the time the association first notifies an employer of its claim for unpaid contributions. This paragraph (d) shall apply to causes of action as provided in CRS 24-51-402(2)
(e) All actions brought for restitution and civil penalties pursuant to CRS 26-4-1104.
Now, that means you've still got time to get you money back. There's a lot more that can be found here:
http://www.gustafsonlaw.com/Debt-Statutes_Limitations.htm#Debt-SL-2
Also, consider the following from the same website:
Many businesses simply deposit an NSF check again in their own account. The creditor's bank will likely process the check through normal banking channels a second time, but no more. That procedure is convenient, but perhaps not the most effective remedy. Time is lost if the check is again returned NSF, and creditor's bank may have a service fee for the charge backs.
Debtor's bank may possibly solve the NSF check problem. Rather than re-deposit, the first step to collecting an NSF check is to contact the bookkeeping department of debtor's bank - the address and phone number are frequently printed in the bottom right corner of the check. If there are sufficient funds in the debtor's account to clear the check, it may be prudent to drive to debtor's bank and cash the check on the spot. Problem solved, particularly if the check is for a large amount or the creditor is in need of the cash flow. Additionally, this precludes another check slipping in depleting the account balance to the point where creditor's check will not clear.
However, production at debtor's bank may be impractical if the bank is out of town or the check amount is small. Also, there may not be sufficient funds in the account to clear the check at the time of creditor's phone call. After talking with bookkeeping, ask to speak to the collection teller - all banks have one. Obtain the collection teller's name, and inquire of 1.) the cost to submit a check for collection and 2.) how long the check will be held. Some banks provide collection service at no cost, others charge for the service. Some banks will hold the checks only 2 or 3 days, others will hold for extended periods of time. Each morning before commencement of business, the collection teller will check the debtor's account to determine whether sufficient funds are on deposit to clear the submitted check. If so, the NSF check will be paid before any other business of the day and the bank's payment will be mailed to the creditor. As with production at debtor's bank, this is an effective remedy to solve the problem.
Now, I'm not sure how this applies to a check that you may still have that's a couple of years old, but you can make a phone call to the bank that the check was drawn on and speak to the
COLLECTION TELLER. Take it from there.
The above, was taken from here:
http://www.gustafsonlaw.com/Debt-NSF_Checks.htm where you'll note that if he doesn't have the funds you'll be entitled to possible treble damages as well as other costs such as fees you had to absorb including reasonable legal fees.
Also note that since he sent you a bum check for more than $500 the MOFO just committed a Class 6 Felony. That's prosecutable folks so contact someone at the Longmont Police Department and tell your story. Their number is (303) 651-8555 so give a call. If he sent you a bum check for less than $500 then it's a misdemeanor and that's prosecutable too. Either way conviction means mandatory restitution in addition to any penalties he may incur. Now that restitution may mean payments and that's fine. If he doesn't pay or misses a payment, he can have more severe penalties imposed on him.
Now, if you guys know where this Jacka$$ is, give him a heads up on this. If you guys know anyone who has received a bad check let them know about this. Heck, make it a public service announcement. Title it something like, 'Did MLS send you a bad check?' Help get the word out and do what you can to help your fellow audiophile. He didn't deserve this. His wife didn't deserve this. His family didn't deserve this.
