I deposited a check from sale of business inventory in the amount of $2800.00, the check was returned NSF.
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
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 considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.
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. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
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!
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Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.