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Airbnb Holding My Money — client's check bounced after delivery

Started by seeking_advice_homeowner_NC · Oct 28, 2024 · 1,626 views · 7 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
SA
seeking_advice_homeowner_NC OP

I'm in a difficult situation and trying to figure out my next steps.

client's check bounced after delivery. I've been dealing with this for about 12 weeks now and the situation isn't improving.

The amount being held/disputed is approximately $1,788. I have tried contacting their legal department 10 times with no resolution.

What are my legal options here? Is it worth pursuing?

SA
seeking_advice_investor_NC

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

DT
desperate_trader_question

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

TL
Mod_TermsLaw Moderator

Licensed attorney — a few thoughts. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under Regulation E. The standard is whether a reasonable person would find the conduct an unauthorized electronic fund transfer.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

CS
confused_seller_NC

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

JC
just_curious_buyer_2022

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

JC
just_curious_investor_today

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

SB
SmallBizOwner_NYC

I've dealt with this before.

What worked for me was having everything documented. It took 3-6 months but was worth it.

SV
SmallBiz_Vendor_Pete

Delivered $8,500 worth of custom furniture to a client. Their check bounced. When I contacted them, they said they'd send a replacement check — that bounced too. Now they're not returning my calls. I have a signed purchase order and delivery confirmation.

Can I just go repossess the furniture? What are my options?

CA
CommercialLit_Attorney

Do NOT self-repossess. Unless your contract has a specific repossession clause (and even then, it's risky without a court order), going onto someone's property to take back goods can result in trespassing or conversion claims against YOU.

Your options, from cheapest to most aggressive:

  1. Bad check demand letter — most states have bad check statutes that allow you to recover the check amount + damages (often 2-3x the check amount) + attorney fees. Send a formal demand letter citing your state's statute. In many states, this is a prerequisite to filing a bad check claim.
  2. Small claims court — if the amount is within your state's limit ($5K-$12.5K depending on state), this is fast and cheap.
  3. Criminal complaint — writing a bad check knowing there are insufficient funds is a crime in every state. Filing a police report may motivate payment.
  4. UCC remedies — as an unpaid seller of goods, you may have rights under UCC § 2-702 to reclaim the goods, but there are strict timing requirements (10-day demand after delivery on credit).