BajaNomad - Did you know that Mexican Customs considers cancelled checks as negotiable instruments?

Did you know that Mexican Customs considers cancelled checks as negotiable instruments?

Dave - 10-19-2008 at 02:51 PM

"Last month of the 15th of September, Mexican Customs held our driver, her car, all the packages and all the mail until we paid a “fee” of $2,428 US dollars. The Customs officials opened envelopes in our mail and they found a bank statement from Union Bank of California with close to $20,000 in cancelled, returned checks. The Customs official regarded this cancelled checks as negotiable items and charged us a fee for crossing the border with more than $20,000 and not declaring it."

Starting last week, my mail service has stopped delivering mail.

Read on at:

http://bajasclick-on.com/blog/

Mexitron - 10-19-2008 at 04:00 PM

Have they filled all those tunnels under the border they found for drug smuggling? We could use them in reverse! :lol:

CaboRon - 10-19-2008 at 04:10 PM

Did you try offering to pay the fine with a check :lol:

CaboRon

Hook - 10-19-2008 at 10:01 PM

I didnt know that people were still receiving canceled checks in the mail.

All those account numbers and signatures passing thru all those hands..............maybe even a driver's license on the back?

[Edited on 10-20-2008 by Hook]

dao45 - 10-20-2008 at 04:11 AM

please excuse my ignorance,Bur is there any kind of tax or fee to bring US dollars into Mexico

CaboRon - 10-20-2008 at 05:35 AM

Quote:

Originally posted by dao45
please excuse my ignorance,Bur is there any kind of tax or fee to bring US dollars into Mexico

wilderone - 10-20-2008 at 08:48 AM

"The Customs official regarded this cancelled checks as negotiable items and charged us a fee for crossing the border with more than $20,000 and not declaring it."

They're idiots. File a complaint and get your money back.

Hook - 10-20-2008 at 08:57 AM

Quote:

Originally posted by wilderone
"The Customs official regarded this cancelled checks as negotiable items and charged us a fee for crossing the border with more than $20,000 and not declaring it."

They're idiots. File a complaint and get your money back.

They're only idiots if it doesnt work. :lol:

wilderone - 10-20-2008 at 09:55 AM

REPORT OF INTERNATIONAL
TRANSPORTATION OF CURRENCY
OR MONETARY INSTRUMENTS
GENERAL INSTRUCTIONS
This report is required by 31 U.S.C. 5316 and Treasury Department regulations (31 CFR
103).
WHO MUST FILE:
(1) Each person who physically transports, mails, or ships, or causes to be physically transported, mailed, or shipped currency or other monetary instruments in an aggregate amount exceeding $10,000 at one time from the United States to any place outside the United States or into the United States from any place outside the United States, and
(2) Each person who receives in the United States currency or other monetary instruments In an aggregate amount exceeding $10,000 at one time which have been transported, mailed, or shipped to the person from any place outside the United States.
A TRANSFER OF FUNDS THROUGH NORMAL BANKING PROCEDURES, WHICH
DOES NOT INVOLVE THE PHYSICAL TRANSPORTATION OF CURRENCY OR
MONETARY INSTRUMENTS, IS NOT REQUIRED TO BE REPORTED.

Exceptions: Reports are not required to be filed by:
(1) a Federal Reserve bank,
(2) a bank, a foreign bank, or a broker or dealer in securities in respect to currency or other monetary instruments mailed or shipped through the postal service or by common carrier,
(3) a commercial bank or trust company organized under the laws of any State or of the United States with respect to overland shipments of currency or monetary instruments shipped to or received from an established customer maintaining a deposit relationship with the bank, in amounts which the bank may reasonably conclude do not exceed
amounts commensurate with the customary conduct of the business, industry, or profession of the customer concerned,
(4) a person who is not a citizen or resident of the United States in respect to currency or other monetary instruments mailed or shipped from abroad to a bank or broker or dealer in securities through the postal service or by common carrier,
(5) a common carrier of passengers in respect to currency or other monetary instruments in the possession of its passengers,
(6) a common carrier of goods in respect to shipments of currency or monetary instruments not declared to be such by the shipper,
(7) a travelers’ check issuer or its agent in respect to the transportation of travelers’ checks prior to their delivery to selling agents for eventual sale to the public, (8) a person with a restrictively endorsed traveler’s check that is in the collection and reconciliation process after the traveler’s check has been negotiated, nor by (9) a person engaged as a business in the transportation of currency, monetary instruments and other commercial papers with respect to the transportation of currency or other monetary instruments overland between established offices of banks or brokers
or dealers in securities and foreign persons.

Defintions:

Monetary Instruments— (1) Coin or currency of the United States or of any other country, (2) traveler’s checks in any form, (3) negotiable instruments (including checks, promissory notes, and money orders) in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in such form that title thereto passes upon delivery, (4) incomplete instruments (including checks, promissory notes, and money orders) that are signed but on which the name of the payee has been omitted, and (5) securities or stock in bearer form or otherwise in such form that title thereto passes upon delivery. Monetary instruments do not include (i) checks or money orders made payable to the order of a named person which have not been endorsed or which bear restrictive endorsements,
(ii) warehouse receipts, or (iii) bills of lading.

wilderone - 10-20-2008 at 10:45 AM

Don't have time to do the research to find the citations, but a cancelled check, if payable to order, WHEN PAID OR CANCELLED is presumed to be a receipt for the debt or obligation. NOT a negotiable instrument.
File a complaint, and if no satisfaction, a small claims action and get your money back. Research Morse on Banking at your local law library.

Mexicali_Kid - 10-20-2008 at 12:05 PM

Wilderone, this is an issue with Mexican Customs, not US, US regulations don't count.....and it can't be heard in US courts. Small claims won't work.

There must be some reason the owners of the mail service think that they can cross packages into Mexico without paying duty on the goods.

As for being charged for canceled checks, find out what the whole story is before you jump to conclusions.

Dave - 10-20-2008 at 01:01 PM

Quote:

Originally posted by Mexicali_Kid
There must be some reason the owners of the mail service think that they can cross packages into Mexico without paying duty on the goods.

The issue isn't packages. My service stops and declares. Customs is now opening every piece of mail. Looking at bank statements. That ain't right.

Thanks but I'll go get mine.

Bob and Susan - 10-20-2008 at 01:34 PM

yes it is...

customs can do anything they want

in fact your "agent" can open ALL your mail too...

that's why it's risky to have an "agent"

and if i was your "agent" i'd look at EVERY box BEFORE i'd take it across the border!!! :yes:

CaboRon - 10-20-2008 at 03:57 PM

Posted by: "BAJA DIGEST" so_of_the_bordermx@yahoo.com so_of_the_bordermx
Mon Oct 20, 2008 10:01 am (PDT)
October 23: IMPORTANT MEETING "WHY IS THE MEXICAN GOVERNMENT OPENING
MAIL SENT FROM THE U.S. TO AMERICANS LIVING IN BAJA?" Place: CEMAC
(located in Rosarito, behind Banamex). Time: 11:00 a.m. MEXICAN CUSTOMS
REPRESENTATIVES WILL BE THERE TO ANSWER YOUR QUESTIONS. EVERYONE IS
WELCOME TO ATTEND!

Bruce R Leech - 10-20-2008 at 05:36 PM

Bob is right