Bounce Rent Check Saga

[TimC]

Not sure which forum to put this one in! It crosses a lot of lines. It starts off as a rental issue, but I assure you there is more to it than that!

New York is the state for both parties.

A tenant gave me a check for rent. It bounced (big suprise). I went through three weeks of "I don't understand it, there is plenty of money in there...blah blah blah"

Meanwhile, tenant moves out. I used security deposit as last months rent, and, fortunately, she left the place spotlessly clean. Therefore, I am only out one month's rent and 8 month's of late charges plus one bounced check fee.

I go to the police station and they give me a form with the appropriate legal process printed out. Step one is to demand payment (ummm...didn't I do that in the lease???). This must be done with a formal demand letter.

So, I start the process of sending the formal demand letter. Unfortunately, tenant leaves no forwarding address with me (big suprise). Therefore, I send a letter to her old address (my rental property) with "ADDRESS SERVICE REQUESTED" on the envelope. The envelope then comes back to me with her new address on it, just the way it is supposed to.

I send a registered letter to her, demanding payment within 10 days, and providing my address and phone number. She received it, and I have her signature on the return receipt, so that is good. 10 days come and go with no contact from her.

Now it is time to go back to the police, who will issue a warrant. My question is, what good will that do me? Will they actually go arrest her, or wait until she gets pulled over for speeding or something?

My next question has to do with the check that she gave me. It was from her son's account, and she signed HIS name as the signature. The handwriting is unmistakably hers, though, as I have at least two other checks from her in my possession which bounced! My question is, is my case somehow limited by the fact that I KNEW the person giving me the check (the tenant) was NOT the person whose name or signature were on the check? Did I commit a major mistake by accepting a check knowing that the presenter was not the account holder on the check, or is she simply now guilty of forgery as well as writing a bad check???

Am I being an idiot for feeling guilty about putting her through all this right before Christmas?

Thanks in advance.

Tim

 

[HomeGuru]

No, there is no reason for the season when it comes to my landlord business and collecn of my rent money. You see when my tenants don't pay, I have to dig into my pockets and pay the rent for them in order for me to pay my mortgage payment. I hate doing that because I work hard to pay the mortgage on my own home and don't feel like subsidizing tenants that don't pay me. I'll be the Scrooge and the Grinch since I have to protect my interests in my real estate.

 

[TimC]

It gets even better...

The story gets better. I went to the police station today to have them issue the warrant. No dice. As a matter of fact I almost got arrested myself.

Since I KNEW that the person who gave me the check was not the owner of the check, and since I WITNESSED her forging the check, I became TECHNICALLY guilty of possession of a forged instrument and for attempting to negotiate a forged instrument!

Whats more, I cannot have her charged with forgery or possession of a stolen check because the checks were not mine, and even if they were negotiated, I would not be the victim, the account holder would be.

As if that was not frustration enough, the police could do nothing for me because she physically handed me the check in the city of Rochester, and not in the juisdiction where I live (a suburb or Rochester). Therefore I have to go to the city of Rochester courts and police with the matter. Needless to say, based on population, that process will be extremely painful and expensive for me in both time and money.

Judge Judy would have a field day with this one...

 

[Jack Mevorach, Esq.]

I was puzzled when you wrote that the police would issue warrant. It's basically not a criminal matter.

You have a claim for a money judgment. The problems in pursuing it are serving process on Defendant, legal fees and enforcement of judgment.

If you like, phone for free consult.

 

[TimC]

Jack,

According to the police, it would be a criminal matter if she wrote me a check and it bounced, and she then failed to make good on the check. In other words, IF you remove the fact that it was not her check to begin with, and assume it was her check, she would be guilty of writing a bad check, which is illegal in NYS. The police confirmed in both writing and in person that it IS a criminal matter. They even have pre-printed forms ready to hand you as soon as you walk into the police station and utter the words "bad check". The officer went on to tell me that they would issue a warrant had all of my ducks been in a row. BUT, he said that I would have to wait until she was arrested or pulled over for speeding or something like that before they addressed the matter with her. EVEN IF SHE LIVED RIGHT ACROSS THE STREET FROM THE POLICE STATION. These are his words, not mine!!! Do you believe it??!!??

The stumbling blocks to proceeding are the fact that it is not her check, and the fact that I am not pursuing this in the jurisdiction where the act took place.

Now, if she had MAILED the check to me at my address, then I could pursue the matter in MY town. I think my story is about to change to the fact that I got the check in the mail...

Aaaaarrggghhh

 

[Jack Mevorach, Esq.]

TimC,

You're in NY. There's no reason for me to read your post and type back. If you like, pick up the phone.

For folks out of state, it's different. For them to speak with me, it costs them money for phone charges.

I'm not going to type when I can speak - all at no charge to the public.