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  1. #1
    newyorkchecks Guest

    can I collect on a bad check for $7000.00

    massachusettts

    i made a personal loan of 7000.00 to someone living and banking in massachusetts and was repaid with a check from a massachusetts bank that was returned for insufficient funds. what are my legal options to collect my money if the person to whom i made the loan is now refusing to pay, write a new check, or answer to any correspondence.

    this person has also written a second bad check to an associate of mine for 15,000.00 which has been returned for insufficient funds and again she is refusing to pay, write a new check or answer to any correspondence.

    this is a pattern. what are our legal options? can we hope to recover our money?

    thank you.
  2. #2
    racer72 is offline Senior Member
    Join Date
    Jan 2001
    Posts
    14,084
    You will have to sue. And you will have to do it in the state where the original transaction took place. You can also send a letter of intent. Tell the person that if payment is not made in 14 days by cashier's check (no personal checks) that you will sue them in court. Then besides the original amount owed, they also get to pay the lawyer fees and court costs too. Also remind them that you could then garnish their wages, attach any bank accounts, and possibly even seize property. Send the letter registered, return receipt requested. Keep a copy for your records. If the letter is refused or not answered, see a lawyer.
  3. #3
    JETX is offline Senior Member
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    Jun 2000
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    Somnambulist University
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    40,807
    In addition to Racer's correct post:

    Massachusetts 'Bad Check' laws:
    Civil Penalty:
    "Amount due, costs of suit, protest fees Additional damages $100 - $500 can be assessed."
    Criminal:
    "Up to $300 fine or one year in jail. Up to $600 fine and up to 2 years in jail or up to 5 years in penitentiary."

    So, you might consider contacting the MA county DA and see about filing criminal charges.

    And from the Hanover, MA Police Dept:
    "What to do if somebody writes you a bad check...
    The area of returned checks is most certainly one of the largest problems many businesses face today. This area of fraud is costly to consumers and proprietors alike. The Massachusetts General Laws handle the problem of 'bad' checks in several specific ways. There are several important pieces of information that clerks need to obtain in order for the Police Department to assist in processing of criminal actions. It is essential that date of birth, social security number, drivers license number and telephone number be obtained at the point of sale. When a check is returned to the business, an attempt to contact the maker must be made by the business. A registered letter, must be sent to the last known address of the maker. If payment is not made within 2 days of receipt of the notice, a criminal proceeding may begin. An agent for the business must appear in District Court and request an application for criminal complaint. It will be necessary at this time to provide the name, address, date of birth and social security number of the person that wrote the check. Notice of hearing will be sent to the address and a representative of the complainant will be required to attend the clerks hearing. If the result of the hearing is the issuance of a criminal complaint, the Police Prosecutor will be responsible for handling the criminal case. Special circumstances may exist depending on the amount of money the check was for, or the status of the bank account at the time the check was written."

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