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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 27221
Experience:  Lawyer
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I am trying to cash two checks total of $500 each from a

Customer Question

I am trying to cash two checks for a total of $500 each from a columbia md resident. The checks are mark as insufficient funds. The two checks are dated May and April 2016. I am unable to set a cash payment with the individual. The checks are drawn on Tower Federal Union. Can i get satisfaction in small claims court?
Submitted: 3 months ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 3 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

A check is a promise to pay. When someone makes a promise to pay and the check bounces, that's a breach of contract. So, yes, you have the ability to sue in Small Claims Court to get a judgment. The judgement can then be used to garnish up to 25% of their wages each week until you're paid in full. It can also be used to try to sweep whatever money there is in their bank account on a given day - that can be helpful because it means, if they only have $400, you'll get to take it. With a check, it's all or nothing, but a levy takes all available funds.

In Maryland, a bounced check is both a civil dispute and a crime. You have the ability to send the person who wrote the checks a written demand for payment, explaining that if they do not make good on the check within 10 calendar days, you will press criminal charges. That might inspire him to pay up.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 3 months ago.

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