Bounced check 12K - lawsuit or not? Hi, Maybe someone will have an idea what should I do. A year ago I lend to friend of mine 12K in cash. After that he give me Citibank check on the same ammount. But problem is that he didn't have that money in account, so I couldn't cash my check. Any suggestions what should I do know? I can't find him, he doesn't respond on my calls. To whom should I complain regarding this? And is there any way I could get my money back. I still have this check - is it still valid after one year? Thanks
Re: Bounced check 12K - lawsuit or not? According to the Uniform Commercial code, checks are stake-dated after 6 months. He skipped out owing you $12,000. Sounds like a tax write off to me. schedule D.
Re: Bounced check 12K - lawsuit or not? Have you tried monitoring his account? You can call the bank and tell them that you have a check that you would like to cash drawn on account # ******** and would like to verify if the funds are available. They should be able to tell you if you can cash the $12k check or not.
Re: Bounced check 12K - lawsuit or not? You took a check for $12k on his good word? Not to rub salt, but...can I borrow some money?
Re: Re: Bounced check 12K - lawsuit or not? Depending on your state - check your states fraudulent check laws. In SC, if you write someone a 'worthless' check for $12,000, you have committed a felony (any fraudulent check over $300) - and its punishable by up to 3 years in jail and a $10,000 fine (if I remember correctly). In addition to the face amount of the check and the bad check fee of $30, you can sue in civil court for treble (triple) damages or $300, whichever is greater. Again, this is based on SC Bad Check laws - your state may be different.
Re: Re: Bounced check 12K - lawsuit If you didn't present the check to the bank it is probably not a "bounced" check.
Re: Re: Bounced check 12K - lawsuit Contact your States Attorney General. I am in FL and received a bounced check from a business owner that I sell items to. It was for 7K. He was absolutely not willing to pay. First I turned it over to collections, then handled it myself. Once he was arrested for felony check writing, he was much more willing to "come up with" the 7K for the check, plus about 550.00 in fees. Each state has different laws, but in Every single one of them a check for 12K is a Felony.
Re: Re: Bounced check 12K - lawsuit Did you present the check? If you did you can file charges for Theft (Felony).
Re: Re: Bounced check 12K - lawsuit Well, I was so "fresh" and new in this country when this happen I wasn't aware that someone can write a check without any responsabilities. In Europe if you write check, the bank is going to pay for it, and then the bank is going to collect the money from issuer of the check. I think the check was already 6 months old, and beside that there was insuficient amount in his acount. I live in NY, so I don't know how does the law looks on that here. Thank you so much!!! denny
Re: Re: Bounced check 12K - lawsuit I would appreciate if anyone knows where should I make complaint in NY. Thanks. Denny
