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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118780
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a business and customer passed a bad check in the amt ...

Customer Question

I am a business and customer passed a bad check in the amt of 980.00; his address and phone number provided are not correct, I do have his Driver license number hes out of state what legal recourse do I have
Submitted: 9 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 years ago.
First you can go to the DA with the certified letter and the check and you can get a warrant for his arrest. You can also file a civil suit against him to recover the money, but you will have to know where he lives in order to file in that state and have him served, so you may need to wait until he is arrested or you can simply check his driver's license through the state DMV where he resides and the information in their database is public information and you should be able to get his address from his license.

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Customer: replied 9 years ago.
Reply to PaulMJD's Post: you can't just go to the DA and get warrent sworn out; I wish it was that easy; there is a whole process that gotta be done first; then and only after the process is complete will the DA even look at case to see if to proceed or not
Expert:  Law Educator, Esq. replied 9 years ago.
The process begins with you sending a certified letter or attempting to make contact with the party who issued the check. After that, you must call the bad check restitution program with the local DA's office and they provide you with forms to fill out and file with them. Once the forms are completed and filed with the DA, then you can proceed. If you do not proceed through the DA's bad check program, then you will have to file a civil action in the place where the person resides and you should be able to get his address from the DMV with his driver's license number. You then have to serve him with the small claims action.