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lwpat, Attorney
Category: Business Law
Satisfied Customers: 25387
Experience:  Attorney with over 35 years of business experience.
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I am the owner of a residential management company in Palm

Resolved Question:

I am the owner of a residential management company in Palm Beach County. 4 years ago a company performed electrical work on the homes of my clients. At the time, I had issued the owner a cash check because he said he needed materials on a job, he later stated he did not need it and was supposed to throw it out. I had left the date portion on the check empty. Since then, he was incarcerated for theft, and my account was closed in July of 2009. Yesterday, I received a notice to appear at a prehearing conference/mediation along with a statement from him that I had issued this check because I had borrowed moneys. He wrote in a date of August 2009 on this check and deposited it last year (4 years later) once the account was closed. I have statements to show the sequence of the checks on this account which can prove this check was written 4 years ago. The check was in the amount of 500.00 and he is claiming 1500.00 in the suit. What is my recourse?
Submitted: 7 years ago.
Category: Business Law
Expert:  lwpat replied 7 years ago.
You simply answer the civil suit and deny. File criminal charges and let the police handle it. It will be an aggravation but the suit should be dismissed.
Customer: replied 7 years ago.
I was told by the police that since I did hand him the check, it is not considered criminal, although I would have thought that him depositing and filling in the date 4 years later. At best, XXXXX XXXXX told that I could bring the report and hope that the judge sees where this guy intentionally dated the check and deposited 4 years later with intent to intimidate me into settling on a lesser amount. The check was also deposited to a company account other than the one he worked under 4 years ago. One more question. He filed this in another county while he and I both reside in Palm Beach. Do I have a right to request change of venue, and how do I get this thrown out before pre-hearing discussions...I am so upset this guy is a scum bag.
Expert:  lwpat replied 7 years ago.
It is criminal breach of trust they just don't want to do anything which is typical in these situations. You can ask the magistrate directly to issue a warrant since the police will not. You can file a petition for a change of venue. You would file a formal motion for dismissal based on lack of venue.
Customer: replied 7 years ago.
Should I file formal motion for dismissal in conjunction with request to the magistrate for a warrant issuance or separately and if so in what sequence? Do I go directly to magistrate first?
Expert:  lwpat replied 7 years ago.
These are two separate actions. You have to file an answer to the complaint or either a motion for dismissal. As to the criminal action, you can ask for a warrant but that is your decision. The sequence does not matter.

An accept for my time is always appreciated

Edited by lwpat on 5/1/2010 at 1:00 PM EST
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