What to do if I received a $4000 check for the sale of a boat and motor 6 months ago but the check bounced?

The check was returned for non sufficient funds at that time. I have been working with my bank and they have contacted the credit union where the check originated and there have not been sufficient funds as yet. My bank is wanting to send it to collection service. What are the appropriate actions we should take?

Asked on January 16, 2013 under Bankruptcy Law, Minnesota


Matthew Majeski / Majeski Law, LLC

Answered 8 years ago | Contributor

You've got several options.  I'm not clear why the bank is involved in this.  Are you out the money or is the bank somehow?  Have you contacted the payor?  What's their story?

Generally you could take the other party to concilliation court for a judgment in the amount owed and then work to garnish their wages or bank accounts to recoup the money.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Writing a 'bad check' (a worthless check) is a serious offense.  I would urge you to confer with a qualified private attorney regarding the matter and with no delay.  I would want to speak with you in great detail about the full circumstances.  Again, I urge you not to delay because a person may irrevocably, permanently lose one's rights by delay.  I recomment you phone several attorneys in choosing because it is keenly important that you feel a sense of great trust with the attorney who assists you.  

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