Legal Question in Civil Litigation in New York

bounced check and finding legal information

I am writing my third and final letter to ask for payment from a client who paid me with a check that bounced (under $1000 -- first letter went out mid-November). I am not sure what to do at this point and have been trying to look up the laws of NY to determine my options. This brings me to my two questions:

1. Where can I go to find out what the laws of nyc are?

2. Do I file a report with the police and then take him to small claims court or should I do something else?

Thank you for any help you can offer.


Asked on 1/09/06, 3:45 pm

2 Answers from Attorneys

Meyer Silber The Silber Law Firm, LLC

Re: bounced check and finding legal information

I don't want to sound patronizing, but it is impossible for any lawyer to send you an e-mail with the rules and laws of how to prosecute your case, or even where to start. Given the amount, it would not make sense to hire a lawyer. Small claims court may be the way to go. Every County has its own court, so find the court for your County. The court will tell you how to proceed. Good luck.

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Answered on 1/09/06, 4:03 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: bounced check and finding legal information

Find out what judicial district of the State he resides in. Then sue him in that small claims court.There is no need for a police report if it is not a criminal matter but, depending on what the work was, you can call and ask if they will file it under "theft of serices."

Go to the court and be prepared with the defendant's proper address if you wish the clerk to serve the summons by mail. They will give you a guide to small claims court that explains the procedure. This should cost $20.00.

To win you must prove that the defendant owed you the money: for amounts over $500 that usually means that you had an enforceble contract, that you performed and he failed to pay.

If you don't have a writing you can also try to prove the case by showing that you performed the services, and that its your business.

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Answered on 1/09/06, 9:20 pm


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