Legal Question in Credit and Debt Law in Florida
Collect a bad check
I recieved a $5,000.00 check, back in November 2000, that came back for insuffitiency of funds.The person that wrote the bad check lives in Texas and the Bank is also from that state.The check was mailed to me like others good checks previously mailed.
1-Can I collect a bad check from a Texas resident without having to go there? (I reside in Florida)
2-Is it a fact that a check loses his validation after 6 months?
3-Can he go to jailfor this crime and what do I have to do to collect or send him to jail? Thank you.
2 Answers from Attorneys
Re: Collect a bad check
Florida has a very strong bad check law statute. Whether you must sue the person in Texas or in Florida depends upon several factors. If the check was sent as payment for money due and owing in Florida, you can use Florida as your venue. If you have a contract that provides for venue, then venue is where the contract states venue is. In order to properly advise you, I would need more facts concerning your transaction.
As far as I am aware, a check does not lose its validity unless the check on its face states a limitation.
Finally, as a further remedy, you may also file a case with the State Attorney's office to initiate a criminal complaint against the debtor.
Feel free to contact me if you should have any further questions.
Re: Collect a bad check
If the check was payment for debt due in Florida then you may proceed in either jurisdiction. Note, if you sue in Florida and get a Fl. judgment, you will ahve to domesticate it in Texas to enforce it against assets located in Tx. This will entail extra cost.
2. Since negotiated the check the question of staleness is not relevant.
3. Crimes are prosecuted by the state attorney's office. Contact that office for details.
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