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especially if they have failed to pay you up until now -- 4 months later.

2007-10-29 06:07:06 · 7 answers · asked by MM 5 in Politics & Government Law & Ethics

No I've been trying to collect from him this whole time, he wrote the check in the name of his business --

2007-10-29 06:12:42 · update #1

No the check has not been covered. I tried to cash it and it came back bounced -- incurring fees on my end. I've followed up with him on it and he promised to pay me, but not has -- every week its another excuse.

2007-10-29 06:18:29 · update #2

I should note that this is a refund of my rent/deposit.

2007-10-29 06:19:28 · update #3

Check was for $2000.

2007-10-29 06:19:52 · update #4

He was renting me part of a house -- he told me I had to move because he was going to sell it. So I had to move... we agreed that I would get my money back for the short notice. He wrote me a check in good faith, in the name of his business for the amount of my rent/deposit. That check bounced. I've been tryring to collect the amount since July. and everytime he tells me to wait -- there's always some excuse

2007-10-29 06:23:42 · update #5

7 answers

You can sue in civil court for breach of contract or quantum meruit (if no written contract).
You can also ask the police/DA to investigate from the "hot check" division.

2007-10-29 06:15:30 · answer #1 · answered by Anonymous · 1 0

Depending on the circumstances that led up to the check bouncing it depends. Here is some suggestions to resolve this issue:

1.) File a police report. Give them a copy of the bad check.

2.) Go to your local States/District Attorney office(s) who have a "Bad check recovery" program and file a complaint.

3.) Write letters to the individual who wrote the check and keep a copies for yourself. This will come in handy later. Include a copy of the bad check and make sure that you have a copy of all documents for yourself as evidence.

4.) There is a statute of limitation on this.


5.) It is cheaper to go this route than to file a matter in small claims court.

Since I only know one side of the story and do not know the circumstances that led up to this issue I can only assume an opinion.

2007-10-29 13:20:35 · answer #2 · answered by Devontrit Whiteside 2 · 1 0

This is America my friend, you can sue anyone for anything. That being said, unless the amount is pretty substantial, you'll probably end up spending more to try and collect than the original check was worth.

2007-10-29 13:18:34 · answer #3 · answered by Tom S 5 · 1 0

If you mean the check has not been made good yet, you certainly can. I would recommend going the "larceny by check" route or whatever it is called in your jurisdiction - it usually produces better results that a small claims case. If the check has been covered, forget it.

2007-10-29 13:14:56 · answer #4 · answered by thylawyer 7 · 1 0

if their check bounces, you can take them to small claims court to collect the money. Make sure you have the bounced check or a copy of it as proof that they did not pay.

2007-10-29 13:15:45 · answer #5 · answered by ♥STREAKER♥©℗† 7 · 1 0

you can try. would it be worth it for filing fees and court costs? even if you win, can you collect from them?

2007-10-29 13:11:15 · answer #6 · answered by Anonymous · 0 1

no once they pay you no legal action can be taken you shouldnt have waited so long

2007-10-29 13:11:02 · answer #7 · answered by Jonathan H 2 · 0 2

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