SHOULD I FILE A LIEN ON THIS POV?

Leave her a message saying that in addition to filing a lein on the title you will be pressing charges for theft of services (felony in some states). Pretty sure that will get some action.

But yeah, always call 24 hours in advance of delivery to verify the CASH amount, no exceptions. Yeah screw POVs lol

 

Write it off. You got screwed, she got her car shipped for free. Lesson learned, NO PERSONAL CHECKS, especially out of state.

 

I would at least press charges. Nobody is going to screw me over without having their life messed with somehow

 

OP would probably have to go to Texas to start proceedings. Less than $1,000 means small claims court. Meaning the best hoped for would be a judgement that may never get paid. Travel and lost income would equal more than the judgement, which means the total loss is even greater. Plus, the lady in question probably won't even notice any inconvenience (other than missing the daily lunch drinks with "the girls").

Loss all around. Best to mitigate loss and move on.

 

You can press charges over the phone and fax info. Plus he has a bounced check as proof.

 

Not saying he doesn't have proof. Not even saying he's wrong for wanting to seek compensation for work performed. Simply pointing out the facts as I see them here. Case is a non-starter. He got screwed, she got her car moved for free.

Is it right? Of course not. But the reality is that by the time he's done kicking up a fuss, all he will have at the end is a judgement that is ALMOST worth the paper it's written on, and more expense tied up. Plus the lost time that coul be put to better use earning for customers who actually PAY.

I don't know what the normal procedures are for having a car hauled long distances, but if I had to do it I'd probably pay half the agreed price up front (cash, of course) and be waiting at the other end with the balance for delivery (again with cash, of course). I don't trust checks.

 

I think you know what to do..

 

You're not far off, it's cash or certified funds on delivery. But I always said cash only, too many fake certified funds out there too.

 

Expensive lesson, no matter how it is handled. As far as criminal prosecution is concerned, I think that is a "crap shoot," depending on what kind of district (or prosecuting,) attorney you have to work with.
Of course, there is a chance, a very small chance, that criminal prosecution will move forward, she will be found guilty, and as a part of her sentence ordered to make the check good. But don't hang your hat on that happening.
As to filing a lean on the car, you may actually have to consult a scum sucker, er I mean attorney to deal with it.
You may have a jurisdiction problem with that.
There is one thing you could try that might or might not, (probably not,) work. Contact the clerk of the court where you would be filing, (the county you and she were in when she presented you with the check,) and ask them for some direction and guidence. While it is more likely that you will be told something like, get an attorney, or go pound sand, you just might get a court clerk that might give you some advice.
Don't come on a trucker's forum and ask for serious legal advice. You'll get all kinds of varied opinions, from truck stop lawyers who have nothing invested in your situation.
Good luck with this.