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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23531
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I have a check for a loan of 43,370 dollars the check was bad

Resolved Question:

I have a check for a loan of 43,370 dollars the check was bad . What can I do to get my money?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
I need to ask a few questions before I comment on your situation...
.
Do you know if the check was written on a closed account?
.
Or was it returned for insufficient funds?
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Did the borrower know that the money wasn't there to cover the check?
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What is their response when you have notified them and demanded payment?
.
.
Thanks
Barrister
Customer: replied 1 year ago.

the account is open., insufficient funds, i think so, he just did not have the money

Expert:  Barrister replied 1 year ago.
Ok, if the person knew that there wasn't enough money in the account to cover the check when they wrote it, that is check fraud. For an amount this large, it can be criminally charged as a felony.
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So you have a couple options. You can contact the debtor and tell them that you are going to go down to the local DA and file a criminal felony complaint for check fraud unless they make good on the loan. North Carolina General Statutes section 14-107 (a) explains that knowledge of check fraud is what makes it a crime. Check fraud prosecutors and plaintiffs must prove that any person that drafted and/or issued a check to them against an account with insufficient funds was aware of the financial deficiency.
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The other option is to just file a civil suit against them and get a judgment against them. However, if he doesn't have the money, then suing him might not be an effective route to get repaid as soon as threatening to file criminal charges would be.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23531
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

think you

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