Bounced check but I am out of the country

[Shrumall]

Jurisdiction

California

Hi. An acquaintance of mine owed me money of $2500 which was a refundable deposit. He gave me a check for the amount which bounced due to lack of sufficient funds. I am currently out of the country and expected to be out of the country for the next 2 years. I got the notice from the bank that the check has bounced the day I was leaving the country. I am now unable to reach him. He is now voluntarily ignoring my messages to him even after multiple attempts. I will be sending a demand notice to him next week to pay up within the next 30 days. I am aware that I need to be physically present to file a claim in small claims court. What other action can I persue. I have no spouse or family in California but I do have friends.

 

[zddoodah]

I am currently out of the country and expected to be out of the country for the next 2 years.

Expected? As in, at some time in the past, you expected to be out of the country but no longer have that expectation?

He is now voluntarily ignoring my messages to him even after multiple attempts.

Voluntarily ignoring? As opposed to involuntarily ignoring?

I am aware that I need to be physically present to file a claim in small claims court.

No you don't. But you will have to be present in court for the trial.

What other action can I persue.

You're free to report the matter to the police and/or district attorney in which the maker of the check lives.

I have no spouse or family in California but I do have friends.

Wouldn't matter if you did.

 

[mightymoose]

Knowingly writing a bad check is a crime. You could report this to the appropriate agency where this happened, but that won't necessarily get you paid and doing so could still prove difficult with you out of the country.
This person apparently didn't have the money, so even if you sure and you are successful you might not get paid.
Veggie you proceed you need to decide how badly you need this money and whether it is worth the expense to chase after with full knowledge you might never be reimbursed.
It could be cheaper to cut your losses... Or to just make the report to law enforcement and let them run him through the system for writing a bad checkcheck.

 

[Shrumall]

Expected? As in, at some time in the past, you expected to be out of the country but no longer have that expectation?



Voluntarily ignoring? As opposed to involuntarily ignoring?



No you don't. But you will have to be present in court for the trial.



You're free to report the matter to the police and/or district attorney in which the maker of the check lives.



Wouldn't matter if you did.

Thank you

Knowingly writing a bad check is a crime. You could report this to the appropriate agency where this happened, but that won't necessarily get you paid and doing so could still prove difficult with you out of the country.
This person apparently didn't have the money, so even if you sure and you are successful you might not get paid.
Veggie you proceed you need to decide how badly you need this money and whether it is worth the expense to chase after with full knowledge you might never be reimbursed.
It could be cheaper to cut your losses... Or to just make the report to law enforcement and let them run him through the system for writing a bad checkcheck.

 

[Shrumall]

Thank you

I read that the statue of limitations for me to sue for the bounced check is 3 years. So will be it possible for me to sue once I'm back in 2 years? Thank you for all your responses.

 

[army judge]

I read that the statue of limitations for me to sue for the bounced check is 3 years. So will be it possible for me to sue once I'm back in 2 years? Thank you for all your responses.

I think you answered your question.

 

[mightymoose]

Yes, but even after two years you will likely face the same result if you can even track this person down.
If this person knowingly gave you a bad check then a felony was committed. Law enforcement will investigate if you report it and any work they do can be used to assist you in a civil suit later if necessary. I recommend you make the police report ASAP for best results.

 

[army judge]

In many of these bad check cases, the prosecutor will seek restitution for the victim through the criminal courts.

 

[Shrumall]

Thank you all for your help and suggestions

 

[zddoodah]

I read that the statue of limitations for me to sue for the bounced check is 3 years. So will be it possible for me to sue once I'm back in 2 years?

Assuming your information about the SOL is correct, the answer seems rather obvious.

 

[txls]

You don't need to sue in small claims court. Contact the District attorney's office and they will pursue the matter. Some do a better job than others.

 

[Shrumall]

You don't need to sue in small claims court. Contact the District attorney's office and they will pursue the matter. Some do a better job than others.

Thank you. I will be contacting the DAs office.