Legal Question in Business Law in New York
What recourse do we have when customer is knowingly writing bad checks?
In New York, if a customer has written several bad checks to a vendor over a period of time, can they be prosecuted for knowingly writing checks (each one over $1000.00) on an account with non-sufficient funds? This particular customer is an electrical contracting company and both of the owners are extremely arrogant. Threats of putting liens on their jobs or sending them to a collection agency does not bother them in the least. They were smart enough to only buy limited amounts of electrical supplies from us, per job site, therefore; it would not be worth it for us to put a lien on each job. There total debt to us at this time is $6,294.24. Can you please tell me what recourse we have, or what sites I can research this on?
2 Answers from Attorneys
Re: What recourse do we have when customer is knowingly writing bad checks?
Potentially, yes. Knowingly writing bad checks is a crime. You can bring the information to the local district attorney who has the discretion to investigate. Should they decline you have the right to bring a civil action for money damages.
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Re: What recourse do we have when customer is knowingly writing bad checks?
There are special notices that if sent properly according to statute, can cause your debtor to become liable for double or treble damages for issuing bad checks as you have indicated. Since the statutes are so precise you would probably want to consult and or retain an attorney to effectuate them. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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