Legal Question in Credit and Debt Law in Michigan

N.S.F. Collection $5,000 & $3,000 when prosecutors won't file criminal charges.

Large wholesale business provided products. Two checks (one for $5,000 and one for $3,000) were taken as payment. Both checks bounced. Three day notice of bad check were sent, received and signed for. Proof of service and information given to prosecutor (Otsego County) and they say that there was no intent to prosecute criminally. Please advise on how to get them to do their job. This became a criminal act when they wrote these checks. I know that this can be litigated in district court at the initation of the business, but I thought that criminals were to be brought to justice by prosecutors. Since we have provided all of the information and followed the law for proceeding for prosecution, the prosecutor now asks for an accounting of this customers account for this whole year. He said that he must have it to show intent. I thought writing checks, when you know that there is no funds to cover WAS INTENT!


Asked on 12/14/00, 9:23 pm

1 Answer from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: N.S.F. Collection $5,000 & $3,000 when prosecutors won't file criminal charg

Sounds like a political problem. Contact the prosecutor's boss, usually a city mananger, mayor's office, or township supervisor, depending on the municipality. However, they are unlikely to give the prosecutor's office a hard time if you are not a resident of the same municipality.

I would just file a lawsuit. Michigan law allows you to recover triple the amount of each check and attorney fees if not paid prior to judgment.

You can also use public opinion, take out an advertisment in thier local paper, or a trade journal in which they would be recognized. BUT BE CAREFUL, because, any statements which are not true would be slander or libel, (depending on the forum) so you can say that they wrote two bad checks, but not, for example, say these guys are cheats or dishonest people, because, you never know, it might have been a honest mistake that thier having a problem making right.

Good luck.

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Answered on 12/16/00, 9:16 am


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