How do I pursue and collect from a rich guy who wrote me a bad check?
I have his home and office address. (It happened in Florida). It's not
a personal check, so I think I can't go to the police. I know he has
the money, he's just slippery and he avoids my calls. The amount is
$6,000 - too big for small claims. I'd like to involve the
authorities, because I think that'll scare him. But which authorities,
exactly?

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Request for Question Clarification by pafalafa-ga on 04 Apr 2006 20:19 PDT

Have you considered filing a lien on his home?  That'll get his attention.

Also, since the small claims limit is $5K,you might want to give it a
try, since it's such an easy thing to pursue, even if it means
possibly forgoing that last thou.

What do you think?


pafalafa-ga

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Clarification of Question by duffyoung-ga on 12 Apr 2006 14:29 PDT

I love your insight, pafalafa. You've already earned the 25 bones.
I'll triple the amount for direction on the steps I need to take to
put a lien on his home. He lives here in Palm Beach County, which has
superb online property records, if that helps. I'll do the steps
(since I don't want to post his address or info here, obviously). But
I need direction. Also, can I separately file a claim in small claims
court for some interest?

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Clarification of Question by duffyoung-ga on 12 Apr 2006 14:32 PDT

Wow, I just noticed all the excellent other responses. You guys are
amazing! Crice, in particular, has some great thoughts. I'd like to
pay him the 25 bucks. I'm so new to this, I'm embarrassed that I don't
know how to do that, but I'll learn. To the DA I go!

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Request for Question Clarification by tutuzdad-ga on 12 Apr 2006 14:35 PDT

The procedure for collecting a worthless check is explained here,
including the statutorily required letter notifying the writer of the
check that you are seeking a remedy:

FLORIDA CHECK LAW
http://www.lawdog.com/states/fl/checks.htm

Please let me know if this answers your original question.

tutuzdad-ga

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Request for Question Clarification by tutuzdad-ga on 12 Apr 2006 14:39 PDT

You should also note that because of the amount the worthless check
was issued for, the offense is deemed a felony (Section
832.05(4)(c).)and your district attorney will most likley prosecute
the case if you file charges. Fuurthermore, if the writer of the check
pays you the amount written on the check, he can STILL be prosecuted
if you wish to pursue it (Section 832.05(5).).

tutuzdad-ga

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Clarification of Question by duffyoung-ga on 13 Apr 2006 09:56 PDT

Tutuzdad, you rock. You have answered all but one aspect: How do I
file a lien on his house? He's a hard money lender and this step would
be particularly effective for me. Oh, but believe me, I'll also be
suing him civilly. So if you can just give me even the most basic
guidelines for filing the lien, you'll be done. I'll add a tip of $15
for this info and we can all be done with my question. Thanks again!

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Request for Question Clarification by richard-ga on 13 Apr 2006 21:53 PDT

Unfortunately, a lien won't accomplish much if he's filed a Florida
Homestead declaration.
http://www.netside.net/~c3i/notice.htm

You'd be better off following the procedure referred to in the
comments and spelled out (for Pinellas County) at
http://statty.co.pinellas.fl.us/howto.htm
Other counties will have similar procedures - - check with the Town
Clerk for further info.

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Clarification of Question by duffyoung-ga on 14 Apr 2006 03:57 PDT

ok, I've got everything I need. You guys have been terrific. But how
do I designate the question as officially answered? I feel bad that
people are still working on it.

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Request for Question Clarification by tutuzdad-ga on 15 Apr 2006 19:18 PDT

I suggest you merely decide which researcher (whose name appears in
blue) provided the most valuable information relative to your
question. Upon your designation, the fortunate researcher will take
the necesary action to close your question.

Regards;
tutuzdad-ga

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Clarification of Question by duffyoung-ga on 18 Apr 2006 13:13 PDT

great work everyone, especially the comments! Please consider this
answered by tutuzd. I'd like to add a $10 tip to richard. Can you make
that happen?

Dear duffyoung-ga;

Thank you for allowing me an opportunity to answer your interesting
question. As I mentioned in my earlier post, the procedure for
collecting a worthless check is explained here, including the
statutorily required letter notifying the writer of the check that you
are seeking a remedy. I am reporting that link here at your request in
order to officially close your question.

FLORIDA CHECK LAW
http://www.lawdog.com/states/fl/checks.htm

As for your additional question about rewarding my fellow researcher,
unfortunately the answer process only allows for one researcher to
claim the fee. You may, however, choose to open a second seperate
question (addressed ?to Richard-ga only? in your subject line)
reflecting the amount you?d like him to receive and reward him that
way.

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad ? Google Answers Researcher


OTHER INFORMATION SOURCES

Defined above


SEARCH STRATEGY


SEARCH ENGINES USED:

Google ://www.google.com




SEARCH TERMS USED:

Florida

Statute

Law

Hot check

Insufficient funds

Everyone did such a great job. Maybe I missed the 'rate this answer'
button and could have ended it quicker. I'd like my tip to go to
Richard, if that's possible. Forgive my inexperience, but thanks so
much!

Why can't you go to the police? It sounds like fraud and a whole bunch
of otehr stuff. Let them tell you if they can or cannot pursue it.

A Google search for "bad check Florida" brings up:

http://statty.co.pinellas.fl.us/check.htm

Bernie McCabe, state's attorney in the 6th district (Tampa area) has
written some instructions on how his office handles bad checks.  He
sounds serious about prosecuting these cases.

I hope that can help another researcher, or you, follow up on this question.

Best of luck,
Neurogeek

There are lots and lots of website that offer collection service for
bounced checks, some sounding like it is free and will also recover
your bank's charges.
Sound almost too good to be true, but there are so many sites, they
can't all be scams (or can they?).

You did not state whether the check was returned for insufficient
funds or because it had be blocked.  That might make a difference for
a collection effort.

Good luck.

Its been my experience that the best rout to collecting the check is
through the local da's offices check diversion program. The fear of
being arrested allways seems to work, and most da's offices have them.

One problem i ran into in the past was that I was unable to use the
da's office for help on an occasion where i had first tried a
collection agency. They wouldn't take it for some reason... They
needed to be first. It may be different in your part of the country

I hope this helps.

The various options open to you depend a lot on exactly WHY the check bounced.

For example, if it was written on a closed account, that's fraud.

If it was done intentionally it may open him up for treble damages (I
don't know fla. law, but it does in some jurisdictions depending on
what the money was for.)

If you have evidence of the bounced check (just something from your
bank) then you can tell virtually anyone that he stiffed you - it
isn't slandar or liable if what you say is true.

If he has a business, go to the BBB.

If YOU have a business, report him to D&B.

If you sold him tangible property and he has since sold it himself,
that is probably fradulent conversion. If he still has it, you have a
lean on it. If you did work on his house or car, you have a lean on
those.

But by all means contact the local prosecutor's office.

If he has some sort of license (Dr., Lawyer, CPA, etc.) you can bring
him up on ethics charges (remember you don't have to win to damage his
reputation.)

You need to proceed with some caution, but there is LOTS you can do.

duffyoung-ga

Thank you for the kind offer.  You could post a $2 question with my
name on it (eg, what's my favorite color?) and if you like my answer,
you could tip 7.50.  That will cost you $10 including your fee to
Google, and I'll collect $9 after Google's share, which is fine by me.

Best,
Richard-ga