KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Check being returned / ISC Private and Group Meetings / Group and private meetings at ISC March 4, 2026 **************************** schedule FREE Private or attend Group meeting at ISC ***************************** You should have planned your trip to Las Vegas for the ISC West 2026 show; hopefully you have time to spend and meet with your attorney. There will be Group meetings - topics to be announced and hosted by Ken Kirschenbaum and guest hosts, Rory Russell and MItch Reitman and Shawn Iverson, all of whom will also be scheduling private meetings. We will I'll be at the Palazzo scheduling meetings at the Prestige Lounge. To book time for free consult or inquire about attending a Group Meeting or scheduling with Mitch, Rory or Shawn, contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com.Concierge Client can also contact the Concierge Program Coordinator, Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. ************************** Check being returned ************************** Ken, It's been many years since we have been notified of a check being returned situation: A restaurant / night club was shut by the city, a friend of mine who is also in the security business called (has some contact with them) and said they need a sprinkler inspection to reopen. I went with him to survey the place; many issues found, emailed the owner and contacts with the list and also the costs to perform monthly inspections and testing. I followed up with sending an agreement via email; it was signed and sent back, however appeared to be computer signatures so I said we would need to meet and have the owner personally sign and provide a check for the first year in advance; we met, he signed and provided the check. I did the first month inspection that day 2/12, and saw today the check was returned. I'm told it is a sole proprietorship; did not see any Corp or LLC with the name, he also showed me his drivers license which I took a picture of. I have not received the bounced check back yet. I sent an email asking what their intentions are. Where do we go from here, what is the best course of action? FYI The owner also owns several other places. Jeff *************************** Response ************************** It is disconcerting when a check bounces. The process of getting, depositing and waiting for clearance is long enough, but you can find out the check bounced long after depositing it depending on how fast your bank lets you know. First thing you should do is reach out to the customer and find out the reason for the bounced check. It could be an error [not likely] or the customer's account may not have cleared funds, possible, and the customer could just be a wise guy. We love that one; more fun to go after. You should redeposit the check as a matter of course. Be sure to get it back from the bank; you'll need it along with the notice of returned deposit. You are careful and had a contract signed. I am sure it was the Fire Protection All in One of the Fire Inspection Agreement. When K&K provides a contract we support it. K&K's Collection Department will enforce the contract. You have two claims; one for breach of contract and one for bounced check. You don't share with us what you found on the inspection. You can share it with the First Marshal and let the customer know you shared it. You can also file a complaint with the local District Attorney or can try local police station. If the customer did not have the funds in the account when the check was issued, and you did the work in reliance on the check, it's theft of services; a crime. Whether the DA will prosecute the case or the police will act on it, is another matter. If you weren't in NY, and more specifically NYC, I'd say you have a chance for assistance. ******************************* STANDARD FORMS Alarm / Security / Fire and related Agreements. click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
