Legal Question in Credit and Debt Law in Minnesota

Bad check - Account Closed - Where do I start?

I work for a mortgage company. We received a check for an appraisal invoice. We forwarded it on to our appraisal company. Check dated 10/15/04 - the apraisal company cashed it on 3/5/05. It came back as a NSF from their bank 3/8/05, reason being account closed. We just received a call in November'05 from the appraiser saying we need to collect on this account because the check bounced. I have attempted to collect the debt by phone but the debtor refuses to pay. What do I do next? He gave me the excuse that he thought that all his checks had cleared the bank when he closed the account, and that the loan never closed so he never benefited from the deal and he wasn't going to pay the appraisal. Since he did'nt make any money from this. I still don't understand how he can think that he doesn't need to pay this since he wrote a check, signed by him and it was cashed but NSF. Please help me with what I need to do. Thank you for your time!


Asked on 12/19/05, 4:51 pm

2 Answers from Attorneys
Sam Calvert Calvert Law Office

Re: Bad check - Account Closed - Where do I start?

I would start by citing Minn. Stat. 609.535 to the writer of the check:

609.535 Issuance of dishonored checks.

Here is a link to the statute:

http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT_CHAP_SEC&year=current§ion=609.535

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Answered on 12/21/05, 9:07 pm
David Anderson Anderson Business Law LLC

Re: Bad check - Account Closed - Where do I start?

You may need to sue.

Call or e-mail for further assistance.

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Answered on 12/19/05, 7:19 pm


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