What $ amount rubber check is a felaney?

[amo1977]

Nebraska

I have a person that owes me a sizeable amount of money. Wondering what power I have against him, since I have no colateral.

He wrote me a bounced check for a hair over 2K. Im pretty sure thats a felaney.

He is trying to sell some of his horses, but horses arent worth much right now. He doesnt want to give them away, but he cant afford to feed them either.

I can take him to small claims court up to $4700 in Nebraska, but he owes over 6K. Also he really doesn't have much to sell other than the horses. A tractor, stock trailer, etc. The thing is though then he cant feed the horses. I don't want to be a a-hole, but need to get paid as well. Hoping that I can use the threat of jail to make him sell the horses for what ever he can get. He needs to get out of them anyway. Plus then he can sell surplus equipment to cover the rest.

I'm obovousily not experienced in these areas and was wondering what other options I have.

Thank you in advance.

[JETX]

Originally Posted by amo1977

He wrote me a bounced check for a hair over 2K. Im pretty sure thats a felaney.

That amount (over $1500) could be a class 2 felony in Nebraska (Section 28-611).... if the prosecutor were to accept charges.
That is not an easy process... you might call your local prosecutor and see about them accepting a 'direct' complaint.
Here is a link to one county prosecutor site. Use it to give you some information as to what the criminal process would be:
[url]http://www.sarpy.com/attorney/bad_check_division.htm[/url]

Hoping that I can use the threat of jail to make him sell the horses for what ever he can get.

I don't recommend playing that 'game'.

[amo1977]

Just wondering why you don't recomend playing that game? He has more animals than he can afford to feed in the first place. Plus somehow he has to get me paid as well. What Im hoping for is that he would dump them all and then that will come close to covering what he owes me. Then he can dispose of surplus equipment and hopefully have some money left over for himself as well as having me paid. Not strong arming him yet, trying to let him do it on his own. Im lining up buyers and giving him their ph#'s and trying to let him work it out. So far not much luck.

He can go get feed from someone else and start paying him instead of paying off me. Ive been carrying him for a while so have leverage of no check, no hay. Last check has bounced and I shut him off untill I get some "good cash" If he goes somewhere else though, then I have no leverage, except the bad check or small claims. I sopose I could sue him in I sopose district court or something for full amount, but then Id have way more expence and proably still end up netting $4700.

Are there any more leagle options? Also we are in different counties. Which county would be the one to talk to? The one where written, county of his bank, or my county, and bank?

Thanks for your help.