where to file civil case for bad check

[Jim Lee]

I live in New York. Made and paid for a purcahse from a person (home based business) based in Virginia, the person was unable to deliver the merchandise, and eventually issued refund checks after I made threats to take actions.

After depositing one of the check, it bounced. I have not deposit rest of the checks yet.

Question: If unable to resolve, any suggestion where to file civil case against this person?

From bits and pieces that I've read, civil case should be filed in New York as that is the place where check is given or delivered.

Can someone help confirm and any additional suggestions or experiences that you can share would be greatly appreciate.

[Zigner]

Originally Posted by Jim Lee

I live in New York. Made and paid for a purcahse from a person (home based business) based in Virginia, the person was unable to deliver the merchandise, and eventually issued refund checks after I made threats to take actions.

After depositing one of the check, it bounced. I have not deposit rest of the checks yet.

Question: If unable to resolve, any suggestion where to file civil case against this person?

From bits and pieces that I've read, civil case should be filed in New York as that is the place where check is given or delivered.

Can someone help confirm and any additional suggestions or experiences that you can share would be greatly appreciate.

Virginia would be the appropriate place...

[dfromnyli]

You can file the case in Virginia or New York, I would file the case in New York you are more likely to get a default. Him giving you a negotiated instrument counts as transacting business in the State of NY and the check not clearing is your cause of action.

[Zigner]

Originally Posted by dfromnyli

You can file the case in Virginia or New York, I would file the case in New York you are more likely to get a default. Him giving you a negotiated instrument counts as transacting business in the State of NY and the check not clearing is your cause of action.

That's wrong, of course...but enjoy your law school!

[rhinocl]

Some states have civil penalties up to 4 times the amount (with maximums). But you need to send notices by regular and certified mail. Then you can sue for that if not paid within the designated period. Landlords get bad checks so you may find the law and forms you need in a landlord handbook. Check online as well.

[dfromnyli]

Originally Posted by Zigner

That's wrong, of course...but enjoy your law school!

Not wrong. Sending payments from NY to Virgina, and receiving refund checks in NY from Virginia are business transactions that have occured in the state of NY and a cause of action has arisen from said transactions. Maybe you should go back to law school.