Legal Question in Civil Litigation in Florida

Given a Bad Check for an Autographed item

I gave an Autographed item to an Auctionhouse to sell for me and I was given a Check that bounced. I filed a complaint with the Prosecuter and a warrant is out for the auction owner. The owner owed another person money an intead of money he gave this person my autographed item. I found the person and he said ''As far as he is concerned the item is his''. He has No papers of ownership But I have the Letter of Authenticity which has a picture and description of the item on it as well as witness' to my ownership including the Authentication Company. My Question is ''How do I get my item back?'' Can I get the police to come with me and just take the item or do I have to waste money to sue this guy? I was paid with a Bad Check, doesn't that null and void everything? Thank You!


Asked on 4/06/09, 11:03 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Given a Bad Check for an Autographed item

You can't get it back. The person who now has it appears to be a good faith purchaser for value and the fact that he wrote you a bad check does not mean that you can get it from who he sold it to. The guy may want to buy your papers proving authenticity, though.

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Answered on 4/06/09, 11:24 am


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