Bounced Checks

[yorkie786]

What is the name of your state (only U.S. law)? CT
I gave a guy 2000 in cash and he paid me back with a starter check and it bounced and later gave me a check ... it bounced again. I have the legal copies of the checks.

How can I get my money back?? Should I file a police report and go to small claims court???

 

[justalayman]

do you always give everybody/anybody cash in exchange for a check?

Is this somebody you know? Is there some reason he couldn't go down to the bank and get his own cash?

Without knowing any more than what you posted, what the proper avenue to take is impossible to determine but, if you were not aware of the no money in the account, I would make a police report.

If the prosecutor sees this as a criminal act, you might investigate as to whether the courts can include restitution in any punishment ordered. Other than that, small claims would be the way to go.

 

[davidmcbeth3]

You trying to get $$ back for a bad chk written 10+ yrs ago? Statue of limitations query is needed..

 

[justalayman]

You trying to get $$ back for a bad chk written 10+ yrs ago? Statue of limitations query is needed..

10 + years ago? Has the poster sent you a pm explaining that? It says he gave a guy 2000 in cash (as in $2000), not that it happened in 2000.

 

[davidmcbeth3]

10 + years ago? Has the poster sent you a pm explaining that? It says he gave a guy 2000 in cash (as in $2000), not that it happened in 2000.

Thats why is was a question ...

 

[justalayman]

Thats why is was a question ...

but where did you come up with any time? It could have all happened last week for all anybody here knows yet you suggest 10+ years. Any applicable sol would be considerably less than that yet you grabbed 10+ years for some reason.

and in your question, the time involved was not the question. Your question asked about the action of attempting to get his money back. You are the one that stated it was 10+ years.

You trying to get $$ back for a bad chk written 10+ yrs ago?

 

[yorkie786]

Sorry... About the lack of information... He borrowed money... I know him thru my general contractor... He said he would pay in 14 days and when I deposited the check he gave me it bounced. The second check is dated sep 17 th 2010.

Thank you

 

[davidmcbeth3]

Thanks for the date correction ; small claims for your & a trip to the police to write out a complaint.

 

[yorkie786]

Should I file a police report first and then go to Small Claims court? How doees it work? I later learned that he also owe many other people? Can I include them in the Suit?

What other documents would the court need? Other than the Legal Copies of bounced checks?

Thank You in advance.

 

[justalayman]

You can't sue for damages to others, just yourself.

If the checks bounced, you should have possession of the actual check. You would make copies that can be distributed to the other parties and the court but you will need the actual checks in hand when you go to court.

You can call the police and file a claim simultaneously if you desire. Sometimes it is beneficial to make the police report first. If they choose to take action, sometimes you can ask for restitution as part of their sentence. That would save you from suing and it means the court would demand the payments be made. With small claims court, even when you win, you are still responsible for collecting on the judgement.

 

[latigo]

What is the name of your state (only U.S. law)? CT
I gave a guy 2000 in cash and he paid me back with a starter check and it bounced and later gave me a check ... it bounced again. I have the legal copies of the checks. How can I get my money back?? Should I file a police report and go to small claims court???

He borrowed money... I know him thru my general contractor... He said he would pay in 14 days and when I deposited the check he gave me it bounced. The second check is dated sep 17 th 2010.

You certainly have a strange way of describing a loan transaction.

But whatever, if the worthless check you received was delivered subsequent to the loan and for the sole purpose of an attempt by the debtor to repay or make a payment against the indebtedness, you will not find the authorities interested in bringing criminal charges. The issuance of a bad check to pay an antecedent debt is not generally considered a criminal act.

However, if the borrower issued you a check at the time he received the money – say it was only to be presented for payment at a latter date – and the check proved worthless – then a crime would have been committed.

The difference in the two scenarios is that in the second you parted with something of value in exchange for a worthless instrument. Whereas in the first you would have parted from the money based only on a promise to be performed in the future.

A subtle difference admited, but one a prosecutor could readily distinguish.