Legal Question in Civil Litigation in Massachusetts
Larceny By Check
A friend of mine knowingly wrote me a bad check for $250. The check bounced, and, consequently, all my purchases were overdrafted, and I incurred a $33 fee for each one (5), plus the money for each purchase. What is my recourse? If I go to court and file a motion for uttering a bad check (wording?!), what could happen to the writer of the bad check (his mom is vp of the bank that the check was drawn out of and told me, point blank, ''I had to close his account, because he KEPT writing bad checks''). If I file the paperwork and get a magistrate hearing, and he does NOT show up, will he receive a criminal complaint against him? Can this be used against him in his other legal problems?
2 Answers from Attorneys
Re: Larceny By Check
If you file a request to issue a complaint, the clerk magistrate will probably issue it. If he is then prosecuted to a successful conclusion, you can seek restitution through this process.
"His other legal problems" may or may not be affected by this action, depending on what they are and where they stand. If he is on probation for a prior matter, the accusation of writing a bad check could be grounds to send him to jail for violation of probation. be sure that you want such a result for this person before you cause it -- is he a person who would be harmed more than benefited by a jail term? Would it really do YOU any good?
Re: Larceny By Check
I essentially agree with what Attorney Lee has written. With respect to your last question, since you don't elaborate on what you mean by "his other legal problems," it's difficult to advise you on that issue, as there are a number of possible scenarios, depending on what you're talking about.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
