QUESTION
Is there a chance to recover the money?
Asked on Nov 15th, 2012 on Personal Injury - Michigan
More details to this question:
My husband sold his car to a friend for $20,000. He paid $10,000 and the second check for $10,000. It bounced and we have never gotten the money.
16 ANSWERS
Steven D. Dunnings
Yes.
Answered on Apr 30th, 2013 at 11:29 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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File a police report
Answered on Nov 20th, 2012 at 4:27 AM
Ronald A. Steinberg
That is NOT a friend. Sue the guy. Claim that he had no intention to pay when he bought it, and seek fraud damages.
Answered on Nov 20th, 2012 at 3:34 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Recovery should not be too difficult, once you prove to the court what happened. You cannot, however, take this case to a Small Claims Court (the amount is too large). And I would not advise you to go to any other court unrepresented: our courts are not very "user-friendly"; and losing a case is easy even when you are right. So, retain an attorney. A good one will even take the steps necessary to have a chance of getting the defendant to pay your attorney's fees.
Answered on Nov 19th, 2012 at 4:47 AM
It depends, does this person have the money to pay? Collectibility is always a question in matters like this. You could sue for breach of contract and get a piece of paper which says this person owes you x amount. But that paper could be worthless if the person has no assets or money to pay you. You could sue for return of the vehicle and give him the money back (perhaps less the reasonable rental value of the car for the time he used it).
Answered on Nov 19th, 2012 at 4:46 AM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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Yes, you may sue for the $10,000 in either small claims court (no attorneys allowed) or superior court (with or without an attorney). When a bounced check is involved, you may also seek treble damages up to a maximum of $1,500 under Civil Code section 1719, if you follow the rules on making demand to make the check good first. You might want to visit a local attorney for a consultation. Take whatever paperwork you have, including the bounced check, and get his or her take on the matter. Remember that a statute of limitations applies to everything but murder, so don't delay. For breach of contract, it is two years for an oral contract, four years for a written contract. For fraud, three years. Good luck.
Answered on Nov 19th, 2012 at 4:45 AM
1 Award
Sue him in small claims court. In California the limit is $10,000. Drawback of small claims in CA is if you as the Plaintiff lose, you have no right to appeal.
Answered on Nov 19th, 2012 at 4:44 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If he gave cash and a check (not post dated) at the time of purchase, your husband could press criminal charges for issuing a fraudulent check. If the check was issued later for the balance of what was owed, you could sue the friend. You would get a judgment if you can prove he owed the money, but sometimes judgments are difficult to collect. You should also include in your lawsuit a request that the car be returned. Off the top of my head, I do not know if the law provides for this. If you loan somebody money to purchase a car, I believe there is a statue that allows you to get the car. However, I do not know if this applies to a situation where you allow somebody to take the car on credit without reserving a lien on the car. You may need a lawyer to assist you with all of this.
Answered on Nov 19th, 2012 at 4:43 AM
Thomas Edward Gates
File a police report for theft. You can sue the person for the money, but if found guilty for theft, he would be required to make restitution.
Answered on Nov 19th, 2012 at 4:42 AM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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There are civil remedies in Florida for bad checks that include penalties and attorneys fees. The question though is whether the friend has any assets to collect from if you win.
Answered on Nov 19th, 2012 at 4:41 AM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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Probably ought to report that to the prosecuting attorney, as that amount will send someone to prison. If you have a contract and it is clear, and a bounced check, you can sue in associate circuit court. Getting a judgment is easy, actually getting paid is a different matter.
Answered on Nov 19th, 2012 at 4:40 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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He should have taken the bounced check to the county attorney. That would be a felony. Who has the title? If your husband does, take it to the sheriff and ask for his help in repossessing . You hire the tow truck and coordinate the sheriff's presence when you snatch the vehicle back. If the title was transferred, you have the bad check charge as your best leverage for payment.
Answered on Nov 19th, 2012 at 4:40 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Report it to your local District Attorney. Passing a bad check is a crime, and since the amount is $10,000 it probably qualifies as grand larceny. Restitution will be made part of any resolution.
Answered on Nov 19th, 2012 at 4:39 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Some DA's will issue a warrant for bad check for a large check such as this. If he wont do that you can sue in district court in a civil case.
Answered on Nov 19th, 2012 at 4:39 AM
You should consult with a lawyer who handles debt collection cases.
Answered on Nov 19th, 2012 at 4:37 AM
The answer to your question depends on whether your husband's friend is collectible. Assuming the facts are as straightforward as you indicate in your question, getting a judgment for the balance owed is the easy part. Collecting on the judgment is another matter.
Answered on Nov 19th, 2012 at 4:36 AM