Car sale issue

[grizli]

What is the name of your state? Ohio
Please move this topic if I post it in a wrong place.
Week or two ago my wife sold her car to someone who called by newspaper ad.
It was an old car. We sold it for $2000. Unfortunetely, I trusted my wife to do an entire thing. So girl who purchased a car, gave my wife $1800 cash and $200 check. Today I received in mail bounced check for $200. The girl who purchased the car didn't have sufficient funds in her account to pay for it. Plus I got $10 charge for returned Item.
I'm going to contant the buyer and negotiate to get money from her, but If she refuses, what legal rights I have to get money that she owns to me?
I hope someone can help. Thanks.

 

[Happy Trails]

What is the name of your state? Ohio
Please move this topic if I post it in a wrong place.
Week or two ago my wife sold her car to someone who called by newspaper ad.
It was an old car. We sold it for $2000. Unfortunetely, I trusted my wife to do an entire thing. So girl who purchased a car, gave my wife $1800 cash and $200 check. Today I received in mail bounced check for $200. The girl who purchased the car didn't have sufficient funds in her account to pay for it. Plus I got $10 charge for returned Item.
I'm going to contant the buyer and negotiate to get money from her, but If she refuses, what legal rights I have to get money that she owns to me?
I hope someone can help. Thanks.

Sue her in small claims court.

Info. links:
http://www.ag.state.oh.us/online_publications/consumer_protection/smallclaimscourtWEB.pdf#search='Ohio%20small%20claims%20court'

http://www.mariettacourt.com/smclaims.htm

 

[JETX]

what legal rights I have to get money that she owns to me?

You can pursue both civil and criminal

Civil:
A creditor may recover from a person who issued a dishonored check compensatory damages to the extent of the value of the check plus service charges, liquidated damages, costs, and reasonable attorney fees if a written demand in a prescribed format was sent to the person, and no payment or agreement for payment was made within thirty (30) days of the written demand.
The amount of the liquidated damages may be a minimum of $200 or three (3) times the amount of the amount of the check and all bank service charges.(O.R.C. 2307.61(A)(1)(b).)

The written demand must be sent by certified mail with return receipt requested, and generally must contain a conspicuous notice to the person upon whom the demand was made, a description of the property, a notice that if payment or agreement for payment was made within thirty days that no civil action can be brought, and that if payment or agreement for payment was not made within that time period that legal action would be pursued. The creditor is also required to specify in the notice the potential judgment which that person may be required to pay, and that person's right to damages, reasonable attorney fees and costs in defending the case if the creditor does not prevail in the action. (See O.R.C. 2307.61(C).)

Criminal:
§ 2913.11. Passing bad checks.
(F) Whoever violates this section is guilty of passing bad checks. Except as otherwise provided in this division, passing bad checks is a misdemeanor of the first degree. If the check or checks or other negotiable instrument or instruments are issued or transferred to a single vendor or single other person for the payment of five hundred dollars or more but less than five thousand dollars or if the check or checks or other negotiable instrument or instruments are issued or transferred to multiple vendors or persons for the payment of one thousand dollars or more but less than five thousand dollars, passing bad checks is a felony of the fifth degree. If the check or checks or other negotiable instrument or instruments are for the payment of five thousand dollars or more but less than one hundred thousand dollars, passing bad checks is a felony of the fourth degree. If the check or checks or other negotiable instrument or instruments are for the payment of one hundred thousand dollars or more, passing bad checks is a felony of the third degree.
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/13315/137d9/13817/13818?fn=document-frame.htm&f=templates&2.0#

 

[InsuranceLadyAZ]

...And don't be so hard on your wife!

 

[Trucking Mad]

Small claims court is your best approach if you can't collect the money from this individual. You have the evidence of their intent to pay the neg. amount of $2000.00. Hopefully you also have a bill-of-sale signed.