Legal Question in Credit and Debt Law in New Jersey

Re: Check fraud

Take a look at New Jersey Statute 2A:32A-1 for the Civil Penalties you can recover as well. I would be glad to assist you in this collection matter. Good luck.

Re: Check fraud

Bouncing a check in NJ does have potential criminal penalties associated with it. You might first try to get him to make good on the bad check by a date certain, threatening to file a complaint against him with your local police if he doesn't. If you do report it to your local police, they can often times hold off on processing the summons while they attempt to contact the offender and offer him the chance to make restitution to you; if they can't get get hold of him or if he fails to cooperate, the summons can be processed with the municipal court. The matter can be tranferred to the state superior court depending on the amount in question. Conviction can result in criminal penalties as well as restitution. Good luck!

Re: Check fraud

You are referring to a criminal penalty, which does have provisions for civil restitution, however, if the person can actually make good on the payments, a good atty should be able to assist you without the delay of litigation.

Generally, a person has 35 days after notification of the dishonored check to make good on that check, or it is presumed that check fraud has occured. You need to give a proper notice and demand for payment, sent to him via C.R.R. mail immediately if you have not already. Payment should be in cash or by cashier's or certified check (within that 35 days window). As far as the civil damages, he may be liable for the amount of the original checks, plus attorney fees, court and other costs, and damages in an amount equal to $100.00 or triple the amount of the check, whichever is greater, but not to exceed $500.00. The written demand MUST be sent to the maker's last known address, and be in a specific form, in both the English and Spanish.

It's probably best that you get help from an atty on this, as any mis-step may put right back at the beginning. The courts are very generous to creditors in this state. For this kind of matter, I work in Middlesex, Monmouth, and Somerset counties if you still need help.

Good luck.

Kevin J. Begley

732-525-8200