Legal Question in Real Estate Law in Colorado

Written bill of sale with bounced check and no further compensation.

My question pertains to wether or not I can report a theft of a snowmobile and still sue the other party. The other party wrote out a contract for the bill of sale and wrote a check for the snowmobile, yet the check bounced and after months of back and forth, no compensation has come into our hands. The buyer refuses to return the snowmobile and keeps lying about payments. The check is in the mail phrase has come up numerous times. We don't want to have to go to court and wait years to be compensated for the snowmobile and after the buyer using it for almost six months, we don't think that we should have to take it back in a lesser condition. All of the paper work is filled out, and the buyer has been notified that we intend to turn it in, however he refuses to go to court. Our question is can we report the sled as stolen, and if so would this overshadow a court proceding in any way?


Asked on 5/12/04, 1:30 pm

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Written bill of sale with bounced check and no further compensation.

Issuance of a bad check is a crime. That is what you should report to the police. Technically, the buyer did not steal the snowmobile, you gave it to him in return for payment. Regardless of any criminal charges, you should sue in small claims for the price of the snowmobile.

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Answered on 5/12/04, 5:49 pm


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