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Financial abuse, charges and bad checks

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This topic contains 7 replies, has 4 voices, and was last updated by  Stargazer 5 days, 18 hours ago.

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  • #43065

    traumatized41
    Participant

    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.

  • #43128

    Stargazer
    Participant

    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.

  • #43129

    Sunnygal
    Participant

    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.

  • #43132

    pollyanna71
    Participant

    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.

  • #43143

    traumatized41
    Participant

    I looked it up. It is almost 10000 but is on a misdemeanor 1 in my state. Anything to hold him accountable. I don’t think he will even show. Still going to wait a little while to get my ducks in a row. Don’t know where i will send the complaint since of course he has no official address. And he works contract jobs so wages cannot be garnished. Such a disgusting animal. Im glad my eyes are open now. He did not destroy me not that he cares if he would have. Thanks for the advice forum friends!

    • This reply was modified 6 days, 18 hours ago by  traumatized41.
  • #43146

    Stargazer
    Participant

    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.

  • #43151

    traumatized41
    Participant

    With what i am beginning to understand in my state i attempt to cash the checks then file a form requesting legal charges of whatever offenses with the DA’s office. Then i file with small claims court. I believe i have about a one percent chance of ever seeing a dollar. But, i would feel better knowing i did what i could to hold him legally responsible and maybe yet another charge would minimize the chances of future victims falling for his game. Im hoping small claims filing is cheap cause this girl is dirt poor now. I have decided against writing a letter to his mother because mostly then is when i believe he would retaliate and really i think she already knows everything. After all, he has been like this for 50 years or at least since the age of 18 anyway.tv

  • #43163

    Stargazer
    Participant

    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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