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.
1 Answer from Attorneys
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.