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I have an issue with a check written to me for $5000 + $4000…

Customer Question
Hi I have an...

Hi I have an issue with a check written to me for $5000 + $4000 the check bounced and I know the person has the money. What can I do?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Illinois, she is in indiana

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 6 months ago.Category: Legal
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Customer reply replied 6 months ago
hello?
Answered in 4 hours by:
7/31/2017
Lawyer: Michael Gonzalez,
 replied 6 months ago
Michael Gonzalez
Category: Legal
Satisfied Customers: 550
Experience: Managing Member at EWF Title, LLC
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.Illinois law allows the recovery of costs, expenses, interest and attorneys’ fees in a dishonored check situation. This relief is governed by the Illinois Commercial Code.Third, the recommended course of conduct is to issue a written demand for full payment. Illinois law provides the additional remedy of triple damages as a Deceptive Trade Practice under the Illinois Criminal Code. Whoever refuses to pay the full amount of the check within 30 days from receipt of a written demand by certified mail can be held liable for triple damages, court costs and attorneys’ fees.A lawsuit can be filed in small claims court and the triple damage provision makes it is economically feasible to pursue small claims.It is a crime in Illinois to write a check when the account has been closed or there are insufficient funds in the account to cover the check. Therefore, you can also utilize the criminal justice system to apply pressure to the check writer to pay. Here is a link. http://hotchecks.net/Kane/FAQs.html
However, it may be time-consuming for you to file a criminal complaint to recover on a bad check with a State’s Attorney who is faced with countless bad checks to prosecute. So, your most efficient method to recover your money is via demand letter and civil suit.
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Lawyer: Michael Gonzalez,
 replied 6 months ago

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Rating me costs you nothing. Thank you.

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Customer reply replied 6 months ago
How long does it take in court if the customer has the money and wrote the check out?
Lawyer: Michael Gonzalez,
 replied 6 months ago

A small claim for bad check can take as little as 6 weeks if it is undefended and you pro-actively support the small track procedure. However you can expect it to take up to 6 months if your claim is disputed and a hearing is required.

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Lawyer: Michael Gonzalez,
 replied 6 months ago

It was a pleasure assisting you today, and I would appreciate if you would rate my service, so I will receive credit and payment for my work. After you rate the question you can ask follow-up questions, and you will not be charged any additional money for the follow-up questions. Rating me costs you nothing.

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Michael Gonzalez
Michael Gonzalez
Michael Gonzalez
Category: Legal
Satisfied Customers: 550
550 Satisfied Customers
Experience: Managing Member at EWF Title, LLC

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