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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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I received a bad check from an LLC in my town in the amount

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I received a bad check from an LLC in my town in the amount of $3500.00. How do I go about prosecuting them for the bad check. I have all information on the company except for the members of the LLC. Who do I proceed against? I don't want the employee to go to jail over the LLC's check.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Who signed this check?

Have you contacted the person who signed the check for this LLC?
Customer: replied 3 years ago.

the person who wrote the check I know personally, they work for the company in their office. She presented the check to me and signed it. I did contact her and she informed me that she had passed the information up the line, but had heard nothing back. I know she is an authorized signer but not an owner.

Dear XXXXX,

What was the check given to you for?

Unfortunately, an employee who is authorized to sign a check could be held criminally and civilly liable for the worthless check that the employee has signed.

Was there stop payment on this check or insufficient funds to cover this check?
Customer: replied 3 years ago.

 


The check was written for electronics 4 Samsung LED TVs to be exact.
No stop payment and came back as NSF I spoke to another person in the office as well and they verified that the employee was supposed to write the check and when she was sent to make the purchase.

Customer: replied 3 years ago.

I just can't imagine sending her to jail over something the check the company should pay. I don't think she has 3500 to even give me

Dear XXXXX,

Thank you for your follow up.

Unfortunately, while I understand your concern, if this employee was authorized to sign a check on behalf of the LLC, this employee would be held personally liable for the bad check that she had issued in excange for the electronics purchased from you. Any person who signs a check on a company's behalf, has a duty to make sure that the check is good before signing it.

Basically, you can file a police report against this person and the LLC and also you can file a small claims lawsuit against the LLC and this person in order to recover the money that are owed to you.

I wish you the best of luck and please let me know if you have any related follow up questions.
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