{ title: 'Times of Wayne County. (Macedon, New York) 1996-current, December 30, 2012, Page 16, Image 16', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/np00140004/2012-12-30/ed-1/seq-16/png/', label: 'image/png', meta: '', }, { link: '/lccn/np00140004/2012-12-30/ed-1/seq-16.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/np00140004/2012-12-30/ed-1/seq-16/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/np00140004/2012-12-30/ed-1/seq-16/ocr.txt', label: 'text/plain', meta: '', }, ] }
Image provided by: Walworth-Seely Public Library
Page 16 | Times of Wayne County waynetimes.com December 30, 2012 Legal Briefs By C y n thia K u k u v k a ATTORNEY AT LAW What actually happens when a check bounces? Q. What actually happens when a check bounces? Fm a small business owner and have received (for the first time) a check that was returned by the Bank, so what do I do now? A. First take a look at the back of the check or at the pa perwork sent by the bank. When a check is returned it is generally for two different rea sons. First, is for insufficient funds (INF), that is where at the time the check was deposited there was not enough money in the account to cover the check. This happens when folks end up planning on a paycheck being deposited to cover the check, or if someone hasn’t done their math right when balancing their checkbook. The second reason a check is returned is because the account that the check was written on was closed. If you look at the Bank notes (on the back of the check or in the return letter) you will see which way the problem occurred, INF or Closed. If it is for INF, you may re-deposit the check (but go to the bank and make sure there are funds in the account). Or, you can contact the person who wrote the check and tell them it has been returned, request that money be replaced with cer tified funds (bank check or money order). The person who wrote the check is also responsible for any bank fees AND IF YOU HAVE A CLEAR NOTICE POSTED AT YOUR BUSINESS INDI CATING THERE IS A CHARGE FOR IIMDIAIM R I V E R D I R E C T RETURNED CHECKS, YOU CAN GET THAT FEE With a closed account the only option is to contact the person and request reim bursement. This is why it is so important to get correct personal information on the person who wrote the check. Now what are your options if the writ er of the check ignores your follow-up letter to make the check good? Contact the Bank where the check was written and get the form to “protest” the check. There generally is a fee to the Bank to have them administratively give you in formation about the account (the Bank will send out a notice of non-payment to the holder of the account). Next, you may go to the small claims court/Justice Court or Supreme Court (depending on the amount of the check and your type of business) and sue the person for the value of the check plus any other expenses that you have . Or contact your sheriff department and file a criminal charge against the per son who wrote the check under penal law section 190.05. This is another reason to make sure you have information about the person who wrote the check, including making sure that someone can identify the per son who wrote the check. Anticipate, if you follow this route, it will take some time to get the matter through court, and for you to receive payment. As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs. If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E. Main St, Palmyra, NY 14522, or cklaw@verizon.net. If sending an e-mail, please indicate that it is a question for Legal Briefs in the Times of Wayne County. nIVLL OFYOUR HOMEOWNERSHIpT .NEEDS ARE JUST ONE CALL AWAY!, NEWARK W E D N E SDAY JA N. 2, 12:30-3:00 PM VFW, 225 EAST UNION ST. 20 1b. box of FLORIDA SEEDLESS NAVEL ORANGES OR RUBY RED GRAPEFRUIT $ 22.00 PER BOX give the whole family something to smile about Dental care for the entire family $25 Gift Card* Choose from Walmart, Wegmans or Lowe’s with a comprehensive exam, x-rays and dentai cieaning. MACEDON FAMILY DENTISTRY Generations o f healthy smiles Joseph M. Behrman, DOS • Jeni L Behrman, DMD Call today for an appointment! 315-986-3545 • MacedonSmiles.com ^ ^ ^ Route 31 & Canandaigua Rd. II Patient financing available • Most insurance accepted D omestic V iolence R eports The Wayne County Office of the Sheriff reported the arrest on Thursday (12/20) of Troy A. Brown, age 34, of Macedon Center Road in Palmyra, for As sault in the 3rd Degree after a po lice inves- tigation into an incident that occurred on December 12th at the Marquarts Trailer Park. It is alleged that during a argument with his girlfriend’s husband, Troy punched the man in the side of the head knocking him to the ground. The man suffered physical injury and had to be taken by ambulance to Strong Memorial Hospital for treatment. Brown was arraigned in the Town of Palmyra Court and released. He is to re appear in court at a later date and time to answer to the charge. The Wayne County Office of the Sher iff reported the arrest on Friday (12/21) at 11:22 p.m. of Tasha R. Allen, age 30, of Galen for Criminal Contempt in the Town of Butler. It is alleged that, Allen violated a Stay Away Order of Protec tion by going to a residence that she was ordered to stay away from. Deputies re sponded to the residence after a third par ty caller reported a domestic disturbance. Deputies located Allen walking away from the residence while en route to that location, and discovered that there was a Stay Away Order of Protection in place and subsequently arrested her. Allen was arraigned in the Town of Galen Court, and was released on her own recognizance and is to appear in Butler Town Court at a later date to an swer to the charge. Macedon Police reported the arrest on Thursday (12/20) of Derek Sutton, age 23, of Pine Terrace in Macedon for Criminal Mischief in the 4th Degree and Harassment in the 2nd Degree. It is alleged that Sutton pushed a door to a residence off the hinges that fell on a girl. He then allegedly grabbed the girl by the throat. Sutton was arraigned and released with a Refrain From Order of Protection and will reappear in Macedon Court on 1 / 22 . Newark stolen items sold in Rochester Newark Village Police reported the arrest on Friday (12/21) of Cesar F. Lebron, age 20, of Colton Avenue in Newark for Bur glary in the 2nd Degree and Grand Larceny in the 4th Degree. It is al leged that Lebron, along with at least one other individual, broke into the residence of an acquaintance and stole a fiat screen, lap top, watch, DVD player and some checks, all valued at about $2000. According to police, the merchandise was taken to the City of Rochester and sold. A witness reported seeing someone running out with the TV. Lebron was arraigned before Newark Justice Michael Miller and released on his own recognizance. At least one more arrest is pending. Miscellaneous Arrests Lyons Village Police reported the ar rest on Saturday (12/22) of Travis Mack, age 30, of Ca nal Street after a search warrant at his resi dence un- covered a gun. Mack is a convicted felon and is not sup posed to have any guns. He was charged with Criminal Possession of a Weapon in the 2nd and 3rd Degree, ar raigned and remanded to jail on fcs,000 cash/$50,000 bond. He will reappear in Lyons Village Court on 1/2. Arcadia man arrested on drug charge The Wayne County Office of the Sheriff reported the arrest on Saturday (12/15) at 10:43 p.m. of Nicholas A. Bacon, age 20, of Arca dia Zurich Norris Road in the Town of Arcadia for Crimi nal Pos- session of a Con- trolled Substance in the 4th Degree. The arrest stems from a traffic stop ofa vehicle that Bacon was a passenger in. During the traffic stop Bacon was found to be in possession of Methvlene- dioxvpvrovalercne (MDPV) (aka Bath Salts). MDPV is classified as a Schedule Istimulant under the New York Public Health Law. Bacon was arraigned at the Town of Arcadia Court and remanded to the Wayne County Jail in lieu of bail. Bacon is to return to the Town of Arcadia Court on a later date to answer to the charge. SITEWORK SEPTIC REPAIR - SITE CLEARING - GRADING ALL TYPES EXCAVATION CALL FOR A FREE ESTIMATE (315) 597-2188 www.AEYENTERPRISES.com
