Indiana attorneys! I need an answer on bad checks!?

Question

Please find the correct answer and help me!

A guy wrote me two different postdated checks, for $500.00 each, and neither of them would clear when the time rolled around.

We live in NC now. I want to take him to court in Indiana (small claims court) to try to get the money. No doubt, he has no money, but would love to get a lien on his home.

I also think he may be on probation, if that has any significance.

Checks were made out to me personally.

Help, do I have a good chance to at least get a lien put his home????

Help me,,,,,, I had received two postdated personal checks, each for $500.00. Neither will clear.

Someone told me there isn't much that can be done in Indiana, since I accepted postdated checks. Is there any way I can get this money?

Answer 1

The "somebody" is correct.

IC 35-43-5-5
Check deception

States - but I am not quoting, that the party writing the check is not quilty of check deception if you accepted the check knowing that at the time you accepted it funds were not available. Had you simply verbally agreed to cash it later, I think you would have been OK, as long as it had not been postdated. The entire statement appears under "code" at the site below. So sorry. I also learned this lesson the hard way.

Having said that, I think you may still have recourse. You entered into an oral contract, I assume it was not a gift, with this person where (again I assume) you gave him something and he agreed to give you $1000. Since he has yet to do that, you may still have an argument. Whether you can place a lein on his home is another matter. Sounds like a question for an attourney. Good luck.

Answer 2

I'm not an attorney but each county most certainly DOES have stringent ordinances against check fraud. So, call the county prosecutor & the county sheriff's office. You may not even NEED small claims. Find out his county & go to that website for more info..

Answer 3

Go visit your DA.He will take care of the problem.