How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38795
Experience:  Run my own successful business/contract law practice.
18572087
Type Your Business Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

a client sent a NSF check from California to us in NCarolina

Resolved Question:

a client sent a NSF check from California to us in NCarolina for $6500. i have used collection agency and they sent demand letter and no response. Can i initiate a criminal case through DA in LA?
Submitted: 3 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

If the client at the time of writing was aware that he had no funds to cover the check amount, then what he committed was very much check fraud. You can actually contact the local DA, since the offense took place in North Carolina as that is where the bank was presented a fraudulent check. North Carolina would be the proper venue for pursuit of charges.

Good luck.
Customer: replied 3 years ago.
The cost of filing in NC and then issuing a case in CA through a lawyer here would be off the scale. I already know this ! - i know i can file in CA, either small claims for $5k limit but can i issue a warrant through the DA as this is a felony in CA? & can i file a case in civil court without a lawyer or is that required?
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

While I was waiting for your response I actually ended up discussing your situation with other experts. The fact is you can bring charges in either state. North Carolina has the right to file because that is where the fraudulent check was presented to the bank. California has the right to file because that is where it can be argued the fraud was perpetuated and the check signed.

However, if you actually want to prosecute, neither state is going to much want to take jurisdiction. California -- the check was written there and it's the California bank that lacks the funds to send to North Carolina. It would mean that you would have to end up going up to California to press charges. But at least once you did that the other party could be arrested if California is willing to take the case.

Hope that clarifies.
Customer: replied 3 years ago.
i need to initiate something as he simply has no incentive to pay - he wrote a bad check and won't even answer a collection agency [CoFace has dropped the collection]. so your answer is still saying it is up to me.
so, again, can i file a small claims and as my amount is more than the $5,000 limit - can he simply ask for a redirect to a civil court or will it stick and if i file, do i loose the NSF felony possibility [this is a LLC and not a private person]?
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

As the owner of the debt, it is always up to you whether or not to pursue.

You CAN file in small claims in California and pursue the debt in that manner, and he can absolutely attempt to remove the case to civil court where you would need to obtain counsel most likely to assist you. If you are suing as a corporation, then yes, a $5,000 limit applies. If you are suing as an individual who was defrauded, you can demand up to $7,500.

Criminal and civil options are separate; you are not barred or limited from pursing this in civil court while at the same time pursuing this criminally. A corporation can be criminally charged also.

Good luck.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38795
Experience: Run my own successful business/contract law practice.
Dimitry K., Esq. and 8 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1495
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1174
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    504
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    373
    14 years practicing attorney, MBA
 
 
 

Related Business Law Questions

Chat Now With A Business Lawyer
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
1504 Satisfied Customers
Run my own successful business/contract law practice.