Legal Question in Credit and Debt Law in Tennessee

what can you do if someone owes you money and they give you a bad check (650.00) and another person won't even answer the phone they owe me about 2500.00 what can I do?


Asked on 8/10/10, 12:35 pm

1 Answer from Attorneys

Howard R. Peppel Peppel, Gomes & MacIntosh, P.C.

1. As for the bad check, Tennessee has two "bad check" laws, one that is criminal and the other that is civil. The criminal law allows for you to have a warrant or criminal summons issued at which time the maker of the check can be criminally prosecuted. In some situations, but not all, the criminal court will order the maker to make restitution. The civil version allows for the recipient to sue to recover an amount equal to the face amount of the check plus interest, returned check charges, attorney fees, and punitive damages that are "capped" at $500.00. To do all of this however, requires a written notice for redemption being sent to the maker by certified mail. You have to make an election as to how you wish to proceed - you cannot proceed both civilly and criminally against the maker in Tennessee.

2. With respect to the person who owes you $2,500.00, you can sue the person for the funds in the General Sessions Court for the county where the debtor either resides or where the debt was created.

I suggest that you consult with a lawyer in your geographical area who can give you the specifics on both matters as well as provide you with personal representation.

Read more
Answered on 8/17/10, 3:29 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Tennessee