Legal Question in Civil Litigation in Ohio

Re: Returned check

I have a client in a similar situation with a tenant who leased office space but bounced three checks (the deposit and first months' rent). There are two options you can take, one civil and the other criminal.

The civil one is to file a suit against the men for breach of contract in the amount due. The criminal option is to submit the checks to the police department, allow them to file charges, and if you can get the men to show up for court the judge will order restitution for the amount of the bounced checks. That probably won't help you recover any other outstanding money owed though.

I would not necessarily advise making a display outside the restaurant because it could open you up to a lawsuit.

If you have any further questions or would like to come in and discuss in more detail your situation and whether I may be able to help you recover what you are owed, feel free to contact me.

Re: Returned check

Dear Architect: As an Architect-Attorney with more than 40 years of board practice, I understand your frustration. My immediate concern is that you do NOT attempt to stand outside the restaurant and reduce yourself to such base tactics. Further, I would not want to see you sued for defamation or slander by these scoundrels.

Instead, please carefully copy both sides of the rejected checks, preserve the original. Have an Attorney write to the issuers by Certified Mail, demanding the total amounts due, together with continuing interest at the legal rate and informing them that their conduct warrants criminal charges under the law, and affording them exactly 48 hours within which to pay fully, through the Attorney. You are to have no contact with these persons.

Next, if they do not respond as requested, proceed to the office of the County Prosecutor to file a criminal complaint. Also permit your Attorney to file a civil complaint for the full amounts owed, against each individual, including the business entity. You'll certainly get their attention and, hopefully, your fees.

If not, the State of Ohio will pursue them criminally.

Retain an experienced Attorney to advise and assist you.

Good luck.

Sincerely, J. Norman Stark.