Bad Checks

[amo1977]

What is the name of your state (only U.S. law)? Nebraska

I had an person write me a bad check. My bank sent it through a second time and it still bounced. Since then he sent me a certified check for the exact amount.

My question is does the second check nulifie the personal check? It was still a bad check, even though he sent another in my book I should still be able to prosacute on the origonal bad check.

The person still owes me money and so thats the only reason why I would desire to do so.

Thanks
ltr

 

[Antigone*]

What is the name of your state (only U.S. law)? Nebraska

I had an person write me a bad check. My bank sent it through a second time and it still bounced. Since then he sent me a certified check for the exact amount.

My question is does the second check nulifie the personal check? It was still a bad check, even though he sent another in my book I should still be able to prosacute on the origonal bad check.

The person still owes me money and so thats the only reason why I would desire to do so.

Thanks
ltr

They wrote you an NSF check and then replaced it with certified funds. He has made you whole in that respect (with the exception of NSF fees).

No you cannot prosacute(sic)

 

[cosine]

What is the name of your state (only U.S. law)? Nebraska

I had an person write me a bad check. My bank sent it through a second time and it still bounced. Since then he sent me a certified check for the exact amount.

My question is does the second check nulifie the personal check? It was still a bad check, even though he sent another in my book I should still be able to prosacute on the origonal bad check.

The person still owes me money and so thats the only reason why I would desire to do so.

Thanks
ltr

Maybe ... after he wrote the personal check, something beyond his control happened on his account, that caused it to be overdrawn, or drawn down to the level your check cannot be honored. There are hundreds of stories of people having problems like this for various reasons every day (not necessarily on this forum, though some might show up here). More than ever before, people are victims of identity theft, or even just basic stupidity by many businesses (thinking of a story I heard a couple weeks back of someone that had their purchase at a department store charged against their account about 12 times because some kid at the cash register was not properly trained in how to handle the communications between the machines).

Instead of jumping to a conclusion, why not communicate with the party involved and find out what is going on.

 

[amo1977]

Ya Ive kinda been in contact with them. Visited them when check bounced. At the time they owed me 6K with NSF check. He said that an insuracne thing came in on same day and bank wouldn't hold it for him to make it right. Myself I think he was out of hay for his horses and proably didnt have the money, but knew if he sent a check hed get a load of hay. My oops for the hay as soon as I got check in the mail.

Horses arent there anymore and he is facing "other" charges. So needless to say im trying to find out if I have any leverage. Figured that the other check would nulify the NSF check.

Guess Im going to have to go and get $4K of corrals, trailers, etc.

Thanks for the help.

 

[latigo]

So you are going to trespass, steal his corrals and trailers and then when arrested for grand theft claim that you weren’t stealing just settling a debt.

Well good luck in that.

 

[amo1977]

Nooooooooooooooooooooo!

As long as he signs the title over plus I was going to have him sign a bill of sale for trailer and pannels.

 

[amo1977]

Nooooooooooooooooooooo!

As long as he signs the title over plus I was going to have him sign a bill of sale for trailer and pannels.

By the time he is done in court I doubt he will have any money left.

 

[amo1977]

Last week when I was there we shook hands after he signed a bill of sale on the hay that he owes me for. So as long as we are respectful of each other I think we will get along alright. He knows he is in a bind, and if I can utilize or resale his surplus property so he can use cash for other things I think he would appriecate that.

The only bind would be if someone else would have title on trailer. No bank would be dumb enough to mogtage portable pannels.