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Worthless Check Lawsuit

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Cluelesslawyer

Junior Member
Hi there,

I live in Minnesota, and about a year ago, I lent a friend $2,000 in cash. I cannot prove this. Six months later, she wrote me a check for the amount. The check was bad. I kept asking her for the money, but she refused to give it to me unless I met her (unreasonable) demands (don't ask...).

I kept asking to pay me and it didn't go anywhere. So, I sued her in Conciliation Court (small claims Court) for the 2000 plus filing fees. I won. But she appealed the case (she's just that stubborn) and now we're going to have a completely new trial (in district court). The trial date is a LONG time from now.

Now, it is a crime to write a bad check for that amount (punishable upto 5 years in prison, $10,000 fine or both). I can also sue her in civil court for the amount of the check, plus $100 or the value of the check, whichever is greater (in this case, the value of the check, at $2000).

The problem is that I did not know these laws when I was sueing her. Is it too late to "add" more demands to my initial claim (since she's really angered me with this appeal)? The original lawsuit was for $2,055 (check plus $55 filing fee). Can I now change it to $2055 + civil penalty of $2000 (value of the check) + interest from the date of dishonor?

Also, is there any way we could have the trial sooner? I read some things about summary judgments... but I would need to write a legal memorandum for that. I can hire an attorney to do all this and later claim fees from her, but I'm worried that she might not have the money to pay for all of that plus an attorney (and in the end I would be the one who gets screwed over).

Please help me! Thank you so much.
 



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