I lend $750 to a friend and he wrote me a check. The check has no funds and he refuses to pay me cash.?

Question

The check is for $750, Is there an expiration date for checks? Can a Court help me on this? I need my money back.

Answer 1

The stale date for checks varies depending on your bank's policies. However most of the time I have seen 3 to 6 months as the stale date. Check directly with your bank-- they will let you know exactly. If the check is still valid in terms of the time, I would try going directly to his bank within the first 5 to 10 days of the month. It has been my experience that the majority of the people have their mortgage or rent money in the bank at the beginning of the month and if you get there before the payment has gone out and he hasn't placed a stop check notice you have him!

If that doesn't work then in terms of the court you can file a claim in small claims court and use the check as evidence. You will not need an attorney. Depending on your state of residence you have 2 to 3 years (statute of limitations) to file the claim against him. Make sure when you are filing your claim that you include the original $750 plus interest at 18% (the average he would have paid to get cash from a credit card) and court costs. Judges will usually award the interest and court costs when you win your case but you have to include it in your initial request. Once you won a judgment against him you will need to follow up to collect the money which can include garnishment of wages, attachment of his bank accounts, etc.

I am sorry you had such a bad experience. Good luck

Answer 2

Take your friend to small claims court. I have had to do this in the past. As much as I hated to do it....it was the only way. The person ended up paying the court costs and what was owed to me. They money was automatically garnished from their paycheck. I got money every two weeks until I was paid back. By going to court this ruined the relationship, but I figure this person made no effort to pay me back. I offered the person to make monthly payments etc and nothing. I figure the person obviously wasn't a true friend anyways. I went out on a limb to help and the least they could do was make an effort of even a small monthly payment. Small claims court worked out great for my situation. Good luck.

Answer 3

Yes. If you do not have an account with them, they have no recourse if it turn out the check was lost or stolen or stopped. A phone call will not be considered proof since the employee probably doesn't know your brother in law personally and won't be able to recognize his voice. Then there is the matter of suspicious behavior. Someone who is in a big hurry and pressures bank employees to deviate from normal procedures will always be regarded as suspicious. You are obviously "in town", so you claiming to be unable to wait one day for a local check to clear is suspicious. You could take it to your own bank and cash it and they would put a hold on your account until tomorrow, when it clears. The fact that you can't get your own local bank to cash this is suspicious. Sorry. You're going to have to wait for it to clear.

Answer 4

Banks will typically only cash a check that's up to 6 months old, but that doesn't let him off the hook for paying you after that as long as you still have the original check. It's illegal to write a check without funds in the account to cover it, so you could take it to the police, or sue him in small claims court if you don't want to get that drastic.

Winning in small claims court doesn't necessarity get you your money, just an order that he owes it to you. If he doesn't have the money or any assets, you still wouldn't have your money.

Good luck. Some friend he turned out to be!

Answer 5

Keep checking the bank account and when or if it ever gets good then cash it.

However, let me tell you my philosophy...If I lend a family member or friend money then I am doing it in my heart and head as a good deed and gift. If they pay me back...wonderful! If they don't then I wont lend them anymore but I wont be angry at them.

Life and family and friends are special...why ruin it by staying angry or taking someone to court. People these days are sue happy, anything little thing that makes them upset the first thing they want to do is take them to court.

Answer 6

He is certainly no "friend" Haul his behind into Small Claims Court. I sure hope you have a signed acknowledgement from him that he borrowed the money from you. If you don't, he can deny it and you're screwed.

Let that be a lesson. Do not loan money to anybody that you cannot afford to lose. But if you should loan money, no matter how good of a friend it is, ask for a signed acknowledgement. What if that person died suddenly? You couldn't get the money from his estate without proof that it was owed.

Best advice overall, however, is to abide by that old adage.... "Do not a borrower, or a lender be". This, of course, doesn't apply to buying a car, or a home, because most people can't plunk down that kind of cash. But when it comes to individuals, far better to follow the adage. My father always used to say "Loan money, lose a friend" Looks like your situation proves him right.

Answer 7

The check is no good, so there's no way you can cash it now. You will have to sue him in small claims court. I lent $500 to a "friend" several years ago, and she never paid me back... not a single cent. I never sued her, but unfortunately I learned a hard lesson... not to lend money to so-called friends! I wish I didn't feel that way, but after being burned by her, I'm very leery of ever doing that again. Good luck!

Answer 8

Take him to small claims court (how 'bout Judge Judy?!).
The only proof you need is the check. He wrote the check to you, and it was unpaid due to insufficient funds. It's obvious that he owes you the money.

Answer 9

Take him to small claims court. Hopefully you have some proof of this loan. By the way, you'll probably lose your friend over this.

Answer 10

you might be able to take the check to your bank or theirs. tell them to set up for collection. try a collection agency. Use force?