Legal Question in Credit and Debt Law in Missouri
bad check
I have received a bad check from a tenant in the amount of $1,500.00 for unpaid rent. She has now vacated the property, is there a way to collect and now that I have a copy of the bad check can a warrant be issued for her arrest?
Where do I go from here.
2 Answers from Attorneys
Re: bad check
Bad checks are by themselves actionable. You have to
go through a state law procedure first, though, I think,
before you can start talkin' about arrest warrants.
The obvious first thing to know is where she's
gone to, and maybe where she works. But don't contact her
yourself yet; use a lawyer if you can find one who will take
the case. You must avoid giving her an opportunity to accuse
you of having been abusive during your calls; there are even
rules about debt collection calls, their frequency, your tone of
voice, etc. which you don't want to be accused of violating.
Follow legal procedure. It is time-consuming and very expense even
to do on your own, and very often totally ineffective in the long run!
Good luck.
Stuart Williams
Law Offices of Stuart J. Williams
21 Walter St.
Re: bad check
The laws are different in different states, but the police can tell you whether you have grounds to file a criminal complaint. Normally, it would be necessary to prove that at the time the tenant gave you the check, he knew he would not be able to cover it.
There may be a small claims court where you can either sue on the check, or get information how to collect it.
You might check with his bank to find out whether the check can clear now.
Do you know where he is? Whether he has money or porperty, and if so, where? If not, forget it - you will just invest a lot of time and effort in getting a judgment, and then not be able to collect the judgment.
Anyway, good luck!
Susan Freiman
The Legal Clinic
P.O. Box 9407, Herzlia Street 29