- Jurisdiction
- South Carolina
Hello, hoping I am posting in the correct place...
I own a business in Texas that use to do business with a distributor in South Carolina. The business was set up with a 30 day term account with this company.
I found out that I have a warrant for my arrest in Jefferson SC. I called the phone number and was forwarded to the "Worthless Check Solicitors Office". The woman in charge there informed me that a check had been presented to my distributor and did not clear. She stated in SC, this is a criminal matter, and that after two letters were sent to my business, a warrant was issued.
A couple of things, I am a partner at this business, but do not write or sign checks, a former General Manager signed and sent the check off.
The lady at the office said I was the first name that showed up for the LLC and that's why the warrant was issued for me.
Back Story: (I'll simplify the numbers)
Invoices x 2 totaling $7000. INV 1= $5000 INV 2 = $2000
Invoice 1 came due, GM wrote a check to cover part of the invoice for $4000. It bounced.
I was contacted about 3-4 weeks later by the distributor informing me personally of this via email.
(We let that GM go within that month period)
I apologized to the distributor, and the distributor stated send a credit card as they would not accept another check. So I emailed her a card.
The Dist. never ran the card for the check that bounced.
(I never though to check, we had a good relationship with this company and sometimes Sh** happens in business)
This was all in March of 2017 - June of 2017.
The business continued to make the minimum monthly payments towards the balances via business bill pay in checking account. The distributor was in fact cashing these business bill checks. So I assumed everything was fine.
I found out this month (march 2018) that in August of 2017, the distributor sent off the business check to the SC Solicitors Hot Check office and after they sent two letters to the business. They filed for a warrant.
(I never received, I don't actually go into the business, I work out of state, I am aware of the employee issues we have within this business, I am not sure why I was not informed of these two letters)
I called the hot check office and spoke with the woman in charge, she filled me in. I told her we had been making payments towards this debt, She said "Oh, well let me contact distribution company and verify and we'll drop the warrant". She calls me back, states the distributor told her that I was paying towards the remaining debt balance and that the hot check warrant would remain. So yesterday I went off and got a cashiers check to send off. But last night I had the following email exchange:
On 3/27/2018 11:12 AM, XXXXXXXXwrote:
To:XXXXXXXXX
Re: 1256516-46
XXXXXXXXXs, Inc.
Balance: $2,004.90
You owe XXXXXXX. $2004.90. Our client is ready to pursue the account legally. If you want to avoid that, contact this office at once to make payment arrangements.
XXXXXXXXX
Voice: XXXX
Fax: 5XXXXXXX
On 3/27/2018 1:21 PM, XXXXXXs wrote:
PAYMENT ARRANGEMENTS HAD BEEN MADE "DISTRIBUTOR" HAS BEEN CASHING CHECKS TOWARDS THIS BALANCE SINCE AUGUST 2017.
THE OWNERS EMAIL IS XXXXXXX@XXXX. FEEL FREE TO CONTACT HIM THERE.
HIS first email, then my new employees follow up email. See the SC Solicitor said we were making payments towards the remaining balance. But that total is still $2004.90 according to the distributors debt collector threatening to sue. The debt collector then replied with:
"The payments you are making pertain to your NSF check #1593. They have nothing to do with the charges owed on this account. We'll expect the full $2004.90 in our office by the end of the week or arrangements to litigate will be completed. "
SO I did not drop the cashier's check off, I instead and called the SC Check office woman back and told her what Ellett Bros Lawyer sent me. She said she would look into it. She called this morning and said they made a mistake, that he has the wrong balance and I still owe for original check. ALTHOUGH I know I have been making payments on the account as a whole.
Is there anything for us to do at all? I'd feel better if I could pay a fine etc with a cashiers check and pay all balances with a credit card so I'd have some protection. I am NOT allowed to contact the distributor to ask where the payments have been going. Apparently that's tampering with a witness.....
Should I just pay it off and move on?
Is there a way to get them to prove where my other payments were going first before paying?
Hire a SC attorney?
The SC Solicitor Woman informed me that if any payments had been accepted towards this balance, the warrant would be dropped. I was then told I was making payments towards the remaining balance and not check. Then I was told the opposite by the distributors lawyer, and now they've reversed this again.....
I own a business in Texas that use to do business with a distributor in South Carolina. The business was set up with a 30 day term account with this company.
I found out that I have a warrant for my arrest in Jefferson SC. I called the phone number and was forwarded to the "Worthless Check Solicitors Office". The woman in charge there informed me that a check had been presented to my distributor and did not clear. She stated in SC, this is a criminal matter, and that after two letters were sent to my business, a warrant was issued.
A couple of things, I am a partner at this business, but do not write or sign checks, a former General Manager signed and sent the check off.
The lady at the office said I was the first name that showed up for the LLC and that's why the warrant was issued for me.
Back Story: (I'll simplify the numbers)
Invoices x 2 totaling $7000. INV 1= $5000 INV 2 = $2000
Invoice 1 came due, GM wrote a check to cover part of the invoice for $4000. It bounced.
I was contacted about 3-4 weeks later by the distributor informing me personally of this via email.
(We let that GM go within that month period)
I apologized to the distributor, and the distributor stated send a credit card as they would not accept another check. So I emailed her a card.
The Dist. never ran the card for the check that bounced.
(I never though to check, we had a good relationship with this company and sometimes Sh** happens in business)
This was all in March of 2017 - June of 2017.
The business continued to make the minimum monthly payments towards the balances via business bill pay in checking account. The distributor was in fact cashing these business bill checks. So I assumed everything was fine.
I found out this month (march 2018) that in August of 2017, the distributor sent off the business check to the SC Solicitors Hot Check office and after they sent two letters to the business. They filed for a warrant.
(I never received, I don't actually go into the business, I work out of state, I am aware of the employee issues we have within this business, I am not sure why I was not informed of these two letters)
I called the hot check office and spoke with the woman in charge, she filled me in. I told her we had been making payments towards this debt, She said "Oh, well let me contact distribution company and verify and we'll drop the warrant". She calls me back, states the distributor told her that I was paying towards the remaining debt balance and that the hot check warrant would remain. So yesterday I went off and got a cashiers check to send off. But last night I had the following email exchange:
On 3/27/2018 11:12 AM, XXXXXXXXwrote:
To:XXXXXXXXX
Re: 1256516-46
XXXXXXXXXs, Inc.
Balance: $2,004.90
You owe XXXXXXX. $2004.90. Our client is ready to pursue the account legally. If you want to avoid that, contact this office at once to make payment arrangements.
XXXXXXXXX
Voice: XXXX
Fax: 5XXXXXXX
On 3/27/2018 1:21 PM, XXXXXXs wrote:
PAYMENT ARRANGEMENTS HAD BEEN MADE "DISTRIBUTOR" HAS BEEN CASHING CHECKS TOWARDS THIS BALANCE SINCE AUGUST 2017.
THE OWNERS EMAIL IS XXXXXXX@XXXX. FEEL FREE TO CONTACT HIM THERE.
HIS first email, then my new employees follow up email. See the SC Solicitor said we were making payments towards the remaining balance. But that total is still $2004.90 according to the distributors debt collector threatening to sue. The debt collector then replied with:
"The payments you are making pertain to your NSF check #1593. They have nothing to do with the charges owed on this account. We'll expect the full $2004.90 in our office by the end of the week or arrangements to litigate will be completed. "
SO I did not drop the cashier's check off, I instead and called the SC Check office woman back and told her what Ellett Bros Lawyer sent me. She said she would look into it. She called this morning and said they made a mistake, that he has the wrong balance and I still owe for original check. ALTHOUGH I know I have been making payments on the account as a whole.
Is there anything for us to do at all? I'd feel better if I could pay a fine etc with a cashiers check and pay all balances with a credit card so I'd have some protection. I am NOT allowed to contact the distributor to ask where the payments have been going. Apparently that's tampering with a witness.....
Should I just pay it off and move on?
Is there a way to get them to prove where my other payments were going first before paying?
Hire a SC attorney?
The SC Solicitor Woman informed me that if any payments had been accepted towards this balance, the warrant would be dropped. I was then told I was making payments towards the remaining balance and not check. Then I was told the opposite by the distributors lawyer, and now they've reversed this again.....
