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I am wondering if anyone has taken the sp to court for bad checks or recovering of money? I do have two checks written from him to me. One small one which bounced. And one big one which he was never quite ready for me to deposit. I know i will never recover the money but feel it is the right thing to do to at least get another civil complaint on his record which will make his life a little less easy and may help to warn someone someday hopefully. Im going to take my time and know there will probably be contact from him as a result unfortunately bc he would mention trying to call other victims before court hearings and one of his cases the judge enacted a no contact stipulation. In researching i also saw that you can request the da to file charges. Has anyone done this for bad checks or theft by deception? I am so thankful for this forum.
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If he owes you money and attempted to pay you with bad checks, you can at least take him to small claims court. You’re only out of the cost of filing the papers. There are also prepaid legal services where an attorney will file papers for you and defend you free of charge. That makes it even easier. Since you know you won’t get any money out of him, you need to ask yourself if it’s worth the time and trouble and possible retaliation on his part. But do what your conscience tells you. Sometimes the small victories against sociopaths can be validating and empowering. Also, if you win your case, you can garnish wages and bank accounts, so you could possibly see your money again.
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It depends on whether filing would be a benefit or keep you involved with him. only you can decide. if not, karma will get him and he may choke on the money!!
you don’t need to tell anyone about the financial abuse. just say he was a jerk.
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What’s the total amount of the checks? In my state $1500 is a felony, and you can definitely she him for restitution. Getting a judgement will force him to be legally bound and will give you more backing when it comes to collecting. A felony could get him probation, not pay restitution can be a violation of probation .. I know from going thru this myself, but each state might be different.
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Is it really a felony to have a check bounce? I’ve accidentally bounced a few in my life. I don’t know if writing a bad check is the same as writing a fraudulent check (i.e. signing someone else’s name). I would think you’d have to prove intention – that he was deliberately writing a check with no funds to back it up. Talk with an attorney on that. I think you have more of a case just collecting money he owed you in the first place and any fees involved in depositing the bad checks.
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Here in CO, it costs just under $50 to file the paperwork for small claims court. You will want to add that cost into your lawsuit as well as the cost of a process server. You have to make sure he is served correctly. I don’t know how much that part costs. There is also an additional cost to try and garnish his wages, bank accounts, etc. Think long and hard before you do this. If you feel you just can’t let the injustice go, by all means do it. But sometimes it’s better to just walk away and break that tie to him. You could be tied up waiting several months for your lawsuit, and he could play games trying to reschedule the case. Here in CO, if a small claims case gets continued to a later date, it ends up in trial. In that case, it would be good to have an attorney to represent you.
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