Alibaba said:
I had sold something to someone in a different state. I received a check from his bank for $550 for payment. After sending him the item, the check ended up bouncing and I got stuck out of the money. After numerous emails he has kept saying that he is sending me payment soon, his latest being two weeks ago saying I will have the money by the end of this month. It's been 2 months now since the original transaction and I still have his bounced check (which when I've checked with his bank he doesn't have enough in there to redeposit) and he still hasn't paid up yet. Can I do anything legally? (I've even saved all his promising emails to send money, and he's been ignoring my emails repeatedly now.)
If it matters, I live in New Jersey and he lives in New York.
Thank you.
Alicia
My response:
This is what sometimes happens when people insist on doing business across State lines, and without knowing who is honest or a thief.
However, you're lucky that you are only one State away from this ner-do-well. Some people do business across many States, and wind up getting stuck due to the costs of travel, enforcement, and time lost; in other words, the potential of recovery isn't worth the cost and trouble of a lawsuit.
But, in your case, if you have the time, you'll need to go to New York and file a Small Claims lawsuit against this guy. Be advised that if you win, you'll only recover your principle amount, and the costs of filing the lawsuit. Your lost wages, lost time, travel expenses, etc., are not recoverable.
Only you can answer for yourself whether or not the effort is worth the costs of suing. And then, on top of that, and even if you win, if he fails to pay the judgment, it will still be your responsibility and expense to attempt collection of the judgment.
Next time, make sure there isn't a next time. Enforcing contracts across State lines is a real pain in the ass.
Good luck to you.
IAAL
