NSF checks written to me in Indiana

[ITSME]

Hi, my question is concerning 2 NSF checks that were written to me and I deposited them in my bank, only to get them in them in the mail a few days later stamped NSF and charging me $5.00 for each check, because they were no good. I can't believe I got charged for my former roomates mistake, and then I didn't get a penny of the money from the checks. That day I called his bank, and he had closed his account. I was told that if I took him to court, he would have to pay up to 3 times the amount of each check, plus the $5.00 fees for each check, is this true? I mean I'm not trying to be greedy, I'd take the amount on each of the checks, if he'd give it to me in a money order, but he did me dirty, and we aren't on speaking terms, so taking him to court is the only way I can figure this to get resolved. Also, would they charge him for the small claims court fees, instead of me?
?????
Itsme

 

[JETX]

Indiana Statute on NSF Checks:

BAD CHECK LAWS (CIVIL PENALTY)
Triple check amount up to $500 over check amount, + attorney fees & interest up to 18% per annum or triple check amount + attorney fees and interest at 8% per annum.

Contact your local Small Claims court to arrange filing a complaint. Also, you could check with your local DA office and see about filing a criminal complaint.

 

[ITSME]

Thank you for replying, that's a BIG help!
Leslie

 

[I AM ALWAYS LIABLE]

My response:

Here's an even bigger "help". The Indiana "Bad Check" laws were repealed. You can only sue for the face amount of the check.

IC 28-2-8
Chapter 8. Penalties for Stop Payment of Checks

IC 28-2-8-1
(Repealed by P.L.42-1993, SEC.103.)

I agree, it was mighty dumb of the Indiana State Legislature to repeal these laws. You might want to talk to your State representative to find out why, and to give him / her a "piece of your mind".

Good luck to you.

IAAL

 

[JETX]

Damn, that will teach me not to use an online legal site for laws about checks:
http://www.nationalcredit.com/badcheck.html#civil
Still shows as I had it.

Also: http://www.mca4cash.com/law.html
And: http://www.calacreek.com/consumer/banking/badcheck.html

Guess I have to go back to 'The Books'.

 

[I AM ALWAYS LIABLE]

Steve:

I know. Sometimes these "secondary" sites don't catch up with the changes in laws for a year or two. A lot of good these sites are to people when they don't update the information. Which brings me to another point: If the information is no good, why have a site in the first place? All they're doing is taking up Bandwidth, and misleading people from getting the information they need.

Heck, it could have been ME using one of these sites, and giving out the same information as you. But, for some unexplained reason, I saw your response and decided to check the information - - and, wouldn't you know it, one of the few States that changed it's laws was Indiana.

So, my friend, it's not your fault. Since you and I don't practice in all of these various States, we have to take it on face value that the information given is accurate.

Sometimes it's not, and we wind up going down with the Titanic - - I'm not immune from that either.

Great talking with you.

IAAL

 

[ITSME]

Oh......Oh well, just as long as I can get what he owes me!!!!!

By the way, I guess that's what I get for being a darn hoosier!

Leslie