Legal Question in Credit and Debt Law in Florida
Collecting in Florida on Bad Checks Written in Calif.
Hi: Thanks for your help. I sold a house to a couple in California. He partially paid for the house with $52,000. in post-dated checks. $30,000. of the checks bounced. He refused to make good on the checks, sold the house, and moved from Calif. to Florida. My questions are: 1. Under Florida law, can I collect on these bad checks even though they were written in Calif. on a Calif. bank? 2. What's the best way to get my money from this couple because I heard that Florida law protects debtors from debts incurred in anothe state? 3. What's the statute of limitations on this debt? 4. Can he file bankruptcy in Florida and wipe out his debt to me? Thanks for taking the time to answer this.
2 Answers from Attorneys
Re: Collecting in Florida on Bad Checks Written in Calif.
First get a judgment in California as venue would be in California, then apply to Florida for sister state enforcement. Call me directly at (619) 222-3504.
Re: Collecting in Florida on Bad Checks Written in Calif.
If you can prove your claims you can pursue the matter in Florida. If he has any assets you should be able to collect. The best way to find out is to contact a collection attorney. Good luck.