Fraud?

[mpac1365]

What is the name of your state? New Jersey

A friend owns a small business - he is a power washer - one of his customers owes him $30,000 and has, from time to time, passed along bad checks -- the bank told my friend no funds had been in that account for X number of days, prior to or after the check was issued -- this happened several times. Is this fraud? Will that person incur fines and or jail time?

If my friend sues this person/company - will my friend get his monies within a few months? He has all the documentation to support his claims. Furthermore, my friend has (obviously) bent over backwards to accomodate this particular customer due to this customer being very lucrative, if they ever pay...

The company apprently has the assets as the owner drives an $80,000 car and lives in a $1 million dollar home...unless they are tied up in other things...

 

[weenor]

What is the name of your state? New Jersey

A friend owns a small business - he is a power washer - one of his customers owes him $30,000 and has, from time to time, passed along bad checks -- the bank told my friend no funds had been in that account for X number of days, prior to or after the check was issued -- this happened several times.

Were the checks subsequently made good? If not, why would your friend continue to take his check? Apparently your friend did not feel defrauded at the time.

Is this fraud? It would only be actionable fraud if the check writer knowingly wrote bad checks (i.e. knew that there was no money in the account and had no intention in putting money in the account) AND your friend RELIED on the fraudulent checks in performing services for this man. How could he have relied on the checks being good if previous checks were not?

Will that person incur fines and or jail time? Only if the DA were to press charges...

If my friend sues this person/company - will my friend get his monies within a few months?
No one could give you a time frame. If the other guy puts up a fight it will be years. If your friend is awarded damages by default, then the steps for collection must be taken. Likely a lot longer than a few months.

He has all the documentation to support his claims. Furthermore, my friend has (obviously) bent over backwards to accomodate this particular customer due to this customer being very lucrative, if they ever pay...

Once again your friend's continual lack of judgment is quite detrimental in proving civil fraud.

The company apprently has the assets as the owner drives an $80,000 car and lives in a $1 million dollar home...unless they are tied up in other things...

The assets are nice, but your friend has to prove his case first.