Legal Question in Criminal Law in Michigan

Re: sold car

Contact the police

Re: sold car / got bad check

This can become a crime if the prosecutor can prove beyond a reasonable doubt that there was an intent to commit fraud ... and not just an innocent mistake (didn't balance the checkbook ahead of time).

This fact can be assisted along the way by you sending the purchaser a "5-Day letter" similar to what businesses send to people who bounce checks. Describe the check specifically (check number, date on the check, bank, account number, who it was written out to, who purportedly signed it, and the amolunt of the check). Also add something like this:

Pursuant to Michigan Compiled Laws 750.132: Unless this amount is paid in full within FIVE DAYS from

receipt of this notice the holder may assume you delivered the instrument with the intent to defraud and may turn over the dishonored instrument and all other available information relating to this incident to the police

and prosecutor for prosecution.

Send it to the person's last known address by first class mail. If you can add "return receipt requested" or some other method of tracking the letter, all the better. If they don't make good, then that is additional evidence of an intent to defraud.

THEN you can go to the police with all that information and the bad check and your letter and they can investigate it.

You may be able to file a lien on the title to the vehicle so that, when it is sold, you'll get your money (or part of it) paid through that money. But that is a civil remedy that an attorney in provate practice may need to help you on.