I deposited a check from sale of business inventory in the amount of $2800.00, the check was returned NSF.

Asked about 3 years ago - Maurepas, LA

I in good faith allowed her to make payments for this check. She gave me a final check for the balance of $450.00 which she stopped payment on, how can I get my money? I still have the original NSF check

Attorney answers (3)

  1. Michael J Corbin

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If she won't voluntarily pay it, you'll have to sue her for the money. If your locality has a bad check collection program through the local prosecutor's office (deliberately bouncing checks like that is a crime), you could also file a complaint and seek restitution. Otherwise, you'll have to sue her. For $450.00, it's not worth the effort. That's why the check has to completely clear BEFORE you turn over any property.

    This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be... more
  2. Mitchell Paul Goldstein

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You have a small claims action. Criminal charges for bad checks usually require that you take certain steps. Your best bet is to sue and get a judgment. Then, you can collect on it.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more
  3. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . When deciding if you should sue someone there are two essential requirements. First, did the person who you think violated your rights have a duty to refrain from the activity that you think would form the basis of a suit or did they have a legal duty to do something and they did not do it. It is very difficult to determine the answer to that question based on the facts you list because it will depend on State law and possibly administrative law in your State and under Federal Law.

    The second essential is where there compensable damages? Damages for which a Court can award you monetary awards or injunctive relief (order the other person to do something or stop doing something). If you have both of these elements you may sue.

    However, lawsuits take a high degree of expertise and cost money. Many clients have come to me through the years and stated that the money did not matter to them, just the principal of the issue! When I tell them how much I and other lawyers charge by the hour it becomes obvious to them that the value of the lawsuit damages is very important.

    You can seek out your lawyer referral service to seek counsel. There are agencies of the State and Federal Government you may want to contact. Talk to a lawyer before you decide to sue someone for expert legal advice!

    REQUEST: Please give this answer a "thumbs up"(below) if you find it valuable.

    Good Luck!

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and... more

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