when someone gives you a bad check, what is the procedure, legal wise to recoup the money?

Question

I had a tenant who moved out early, she paid me for 2 weeks of rent, which of course the check bounced. I tried to re deposit the check, but it would still not clear. I live in Florida, and i would like to know what my next move should be in order to get my funds. By the way, the bounced check writer, will not return any of my calls.

Answer 1

I'd think you'd have to bring them to small claims court (assuming it's under $5000). Of course, if you cannot get a hold of them, they might not be able to be served with the notice to appear.

If they can be served, and they don't show, you can get a summary judgment against them. If they don't pay that, you can have any wages garnished (you'll have to go back to court for that though,too).

Answer 2

First step is to take the check to your local State's Attorney's office and file a criminal complaint against the writer. Each state calls it something different but they will take care of it for you. You usually can't take money from the writer again. They will pay you when they collect it. A sheriff's deputy will serve her an arrest warrant or summons to appear. that usually gets them in to pay, if not the judge hears the case (you usually have nothing to do the S. A. handles it all.) They collect & pay you. If they do not show up the judge will usually issue an order to take into custody and the police find her and arrest her on the spot and take her to jail until a court date is set usually just a day or 2.

Your cost is little or nothing. Downside is it can take some time to work through the system, but eventually you do get the money or the writer goes to jail.