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Won settlement, but the checks bounce!

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sassybruinxoxo

Junior Member
What is the name of your state (only U.S. law)? Colorado

My mother won a settlement against the previous owner of her property for breaking the agreement made at closing (he was supposed to redrill the well on the property). He wrote her numerous checks, but all were returned due to insufficient funds in his account. How can she get this guy to pay? It's over $20,000.
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? Colorado

My mother won a settlement against the previous owner of her property for breaking the agreement made at closing (he was supposed to redrill the well on the property). He wrote her numerous checks, but all were returned due to insufficient funds in his account. How can she get this guy to pay? It's over $20,000.
http://research.lawyers.com/v2/Colorado/CO-Collecting-the-Judgment.html

http://www.courts.state.co.us/Self_Help/Index.cfm
 

justalayman

Senior Member
the first action would be to give the payor notice of the bounced checks and determine if s/he has any intention of making them good. If they payor refuses to make the checks good, contact the police to report the issue. Depending on all the facts, what he did could be criminal.

Then, make sure your mother does not file a satisfaction of judgment with the courts.

Once you take those steps, come back and let us know what has taken place.
 

latigo

Senior Member
the first action would be to give the payor notice of the bounced checks and determine if s/he has any intention of making them good. If they payor refuses to make the checks good, contact the police to report the issue. Depending on all the facts, what he did could be criminal.

Then, make sure your mother does not file a satisfaction of judgment with the courts.

Once you take those steps, come back and let us know what has taken place.
Considering that the ISF checks were related to an antecedent debt, what Colorado criminal statute(s) could the police invoke to properly charge the drawee with the commission of a crime?

Because of the absence and “intent to defraud” and no present consideration received in exchange it wouldn’t appear to come under the following Colorado criminal statute:

CRS 18-5-208 (2) Any person, knowing he has insufficient funds with the drawee, who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property, or other thing of value, commits fraud by check. Title 18 Colorado Criminal Code Article 5. Offenses Involving Fraud. Part 2 Fraud in Obtaining Property or Services. Fraud by Check.
Respectfully, lat
 

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