small claims court

[luigiarru]

What is the name of your state? New York
in 2002 i won a small claims judgment in the amount of $ 1461. 30 days later, debtor wrote and sent me 6 checks of $ 250, each postdated 2 weeks from the previous check stretching the payment over 12 weeks. the first 3 checks were successfully cashed. the last 3 were returned to me "insufficient funds" i've presented the checks personally to the bank several times, the account is still open but no funds. I have recourse via NY sheriff but the procedure takes too long to be effective. question: isn't this a case of passing bad checks and subject to police action. if so how do i initiate such action? ( i am now living out of state). is there any other action that can be taken to force payment? all suggestions will be appreciated.

 

[OnlyOneVoice]

Post dated checks were discussed in another thread, and I believe the information was that post-dated checks are more of a promissory to pay and therefore can not be treated as "check fraud" persay.

Someone else can back me up or reinform you.

Since is it part of the judgement, I would encourage you to go ahead and "follow through" with the sheriff and if possible tack on the cost of the collection in another small claims suit.

 

[JETX]

The holder of a bad check in NY is generally entitled to the recovery of the face amount of the check, plus civil damages twice the amount of the check up to a maximum of $750.00.

(Face value of check plus two times check amount up to a maximum of $400 on NSF or $750 on "no account" (Demand prescribed by law). GEN.OB.1.1-104 )

The writer of the bad check is also subject to criminal penalty of:
Up to three months in jail, or up to $500, or up to double the amount of the drawer's gain from the commission of the offense.

For summary of bad check laws, go to:
http://www.tfc-associates.com/news/bad_check_laws.shtm
http://epay.netfirms.com/badchecklaws.htm
http://www.carreonandassociates.com/collectionlaws.htm#New_York