Legal Question in Credit and Debt Law in Kentucky

''Bad Check''

I have a (''Bad'') returned check on an individual from Georgia. I produce horse shows and he gave this for entries into classes. I have talked to, sent letter.

What legal rights do I have to collect being from Ky and he is in GA.???? $902.


Asked on 3/25/01, 2:46 am

1 Answer from Attorneys

E. Brian Davis Davis Law Office

Re: ''Bad Check''

Assuming the classes were provided in Kentucky, you

can sue him -- with small claims court being the least

expensive alternative. When you file a lawsuit, you have

to "serve" the defendant with a summons and complaint.

For out of state defendants who have not designated an

agent to accept service of process, Kentucky statutes make

Secretary of State the agent. A friendly clerk down at your

local district court clerk's office should be able to give

you the forms and explain how to file the suit and have the

defendant served.

Then the big problem comes: how do you collect on a judgment

(assuming the court grants one)? If the defendant has

any property in Kentucky, you can have it seized and sold to

satisfy the judgment; if anyone in Kentucky owes the defendant

money, you can attach that money. There are a variety of other

techniques to try, but that should get you started.

Good luck.

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Answered on 5/31/01, 1:25 am


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