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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 35319
Experience:  16 years practicing attorney, JD, BA, MBA
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I had tenant put a stop payment a check and then skip on me.

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I had tenant put a stop payment a check and then skip on me. Can I do anything legally to recover my loss due to this stop payment on the check? It occurred in Polk County. Lakeland, Fl.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If the tenant stopped payment on the check and then took off to avoid paying you, you could contact the local DA and file a worthless check sworn complaint affidavit. Giving a bad check or stopping payment with intent to defraud is a criminal offense. This can result in criminal charges being filed against the person that will sit there waiting for them to get stopped by law enforcement to see the outstanding charges. The DA or Attorney General can then prosecute the case and get restitution for you as part of any plea deal.
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You can also file a civil suit against them in small claims court for breach of contract. The problem here is that you would need to have them served with a summons to continue with the suit. If you don't have any idea where the person may have moved to, you can ask the court to allow "service by publication" where you put an ad in the legal section of the local paper once a week for usually 3 weeks and then the court will allow you to proceed and grant a default judgment. The judgment would show up on their credit report and be enforceable for up to 20 years. You don't need an attorney and the court clerk will have the summons and complaint forms you need to file.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister and other Business Law Specialists are ready to help you

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister

Customer: replied 3 years ago.

New question. Tenant has a mold issue, claiming that her baby is getting sick. We told her we would repair it. We stopped the leak from outside but now need to make the repairs inside the problem is that she does not want us to come in unless she's there which has delayed the process and yesterday when we scheduled to come in she was not there and now she has a an aggressive dog not on the lease and even with a 24 hour we can't go in with that dog. What legal action can I take to evict her.

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Thanks

Barrister