Check bounced

[Tandksmommy]

What is the name of your state (only U.S. law)? PA

An $80 check was written by "Sally" to "Bob" to help them pay a bill. Bob knew that it was a loan, and said that he would pay that loan back.

Sally asked Bob for the loan to be repaid a few months after the check was given. Bob wrote Sally a check for $40. When Sally went to deposit the check, it bounced and Sally as charged $15 by her bank for trying the bounce. The bank tried to deposit the check again (standard procedure), and yet again it bounced, causing Sally to be charged another $15 for a bounced check.

Sally is now out the original $80 plus $30 in fees because Bob's check will not clear.

How does Sally go about going to small claims court to sue for the original money, and also the fees that were taken out? Also, would Bob end up paying the filing fees if Sally wins the case?


There is also a matter of Bob taking Sally's checkbook and writing out a $300 check to pay for the rent, while Sally was out of town. Bob forged the check, presented it to his sister (who is the landlord). Sally does not ever recall telling Bob that he had permission to write out a check and forge her signature. This was done in October of 2009. Is there any chance of recovering that money? Or is it a loss cause?

 

[justalayman]

How does Sally go about going to small claims court to sue for the original money, and also the fees that were taken out?

she goes to the court and fills out a complaint and lists what she is seeking.

Also, would Bob end up paying the filing fees if Sally wins the case?

I believe most states require the defendant to pay the plaintiffs fees if the plaintiff prevails.

There is also a matter of Bob taking Sally's checkbook and writing out a $300 check to pay for the rent, while Sally was out of town. Bob forged the check, presented it to his sister (who is the landlord). Sally does not ever recall telling Bob that he had permission to write out a check and forge her signature. This was done in October of 2009. Is there any chance of recovering that money? Or is it a loss cause?

Did she ever report this to the police? If not, it sounds like it was tacit approval. She can include it. The worst that will happen is she will not win.

 

[Tandksmommy]

she goes to the court and fills out a complaint and lists what she is seeking.

I believe most states require the defendant to pay the plaintiffs fees if the plaintiff prevails.


Did she ever report this to the police? If not, it sounds like it was tacit approval. She can include it. The worst that will happen is she will not win.

This was reported to the police. They were going to charge him with forgery, but there was never a follow-up on it and nothing was ever done. But it was reported. He has previously been arrested for forgery charges (though that was for prescriptions) so it's clear he has no problem forging.

 

[justalayman]

the reason I asked is so often people will claim they knew nothing about the "forgery" and don't report it to the police. People in such a situation often find their credibility in question due to that.

Since you had reported it, by all means, include the forged check.