Bad Check

[Viking84]

What is the name of your state? Iowa

I currently live in Iowa, but do business through the Internet and EBAY all over the country. I sold some items to a person in Kentucky, and the check he sent me bounced, and he will now not respond to phone calls or emails. I had been selling to this person for nearly 2 years, and the checks had always cleared until this last one, which was for $1300.00+.

I want to try and recover this money, but not sure how I need to go about doing it. I realize that this is a small claims court case, but want to know if I need to file it in Iowa or Kentucky. The place of business was in Iowa, but the check is written out of a Kentucky bank account. I am assuming I need to file a small claims in Iowa, and then try and pursue the money through a lien.

Let me know if I am on the right track, and I will have some follow-up questions.

 

[ForFun]

You're on the right track. Sue in IA and then domesticate the judgment in KY. Generally speaking, courts will find that the sales contract was formed in IA.

 

[Viking84]

Once I file the claim and win, what next? I am assuming he will not show up in Iowa. What do I have a right to recover? Obviously the bad check, but do I recover court cost, and any other cost associated with it?

How do I then go about domesticating it in Kentucky? I am not sure what steps I would need to take for this. Do I need to hire a lawyer, or is this something I can do myself? Thanks for any advice or information you can give me.

 

[ForFun]

You can sue for the amount of the check, plus any costs for the check bouncing, plus court costs.

You'll need to call a court in KY to find out the procedures for domesticating the judgment. It likely involves sending a certified copy to the clerk of the court.

A lawyer is probably not necessary.