bad check

[dumblandlord]

I rent a townhome from my brother and lease out rooms to other people as well. One person who was renting from me gave me a bad check and i wonder what I can do to collect. The longer version is that he signed a lease to pay $445 per month and a $250 deposit. The lease expired on May 30. WE made a verbal agreement for him to pay the deposit off over time at $50 per month because he didn't have the money. LAter we made a verbal agreement that he could break the lease with no penalty and move out by MAy 15. I asked him to pay $223 for May 1-15 plus $100 for the remainder of the deposit by May 1. he gave me a check for $323 post dated to May 5 and said tht it would not be good until then. On May 5 i went to his bank and tried to cash the check, but he had insufficient funds. I called him at work and asked when the check would clear. He said wait 2 weeks because he gets paid every other week. 15 days later i went back to his bank and found that he had placed a stop payment order on the check. What can i do to collect? Can I get a bench warrant placed on him? can I harrass him over the phone? All i have is his work number. I do not know where he is currently living.

 

[Tracey]

File a criminal complaint against him for theft by check and unlawful issuance of a bank check. Maybe the prosecutor will be bored and file charges. Don't hold your breath though.

Also, sue him in small claims court. The fact that he gave you a check for $323 is excellent evidence that he acknowledged the debt's validity. You can have a friend serve him with the complaint at work (you can't serve him hourself). Also, check directory assistance to see if he got a phone and his new address.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.