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Four bad checks from employer bounced Fraud, Embezzlement, Bad Checks

Discussion in 'Criminal Charges' started by ragnarock, Jul 24, 2018.

  1. ragnarock

    ragnarock Law Topic Starter New Member

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    Jurisdiction:
    New York
    I worked as a consultant for a very dishonest person who now owns a very large piece of property and is doing business on Long Island. This person wrote four bad checks to me for services rendered. They are each between $2,000 and $5,000. So I sent notice and he didn't accept it each time. I think his house is in the name of his wife and I don't know if he is claiming residence there either.

    I was able to find out more about him and it seems he has been sued before a couple of times for a lot more money. I asked a lawyer about suing him and he said you will probably never be able to collect. You'll have to find the right address to serve him properly. Even if I win it will cost a lot of money to find his information to get money. This is because his businesses are not under his personal name. And he knows it probably isn't worth the time.

    I really don't want this person to do what he did to me to do it to anybody else. I'm sure he is. I heard that writing bad checks is a crime. I would definitely report him and at least make him responsible for what he did and probably still doing. Who would I report it to? And is there any hope for me to sue him for the bad checks and not be a total waste of time?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Nothing you do will ever prevent him from doing it do anybody else.

    If you sue, you sue for your money. That's it.

    Start with the police in the city where he or the property is located.

    Entirely up to you.

    Begs the question, though, why would you continue performing services after the first check bounced?

    Fool me once, shame on you.
    Fool me twice, shame on me.
    Fool me four times, I'm an idiot.
     
  3. zddoodah

    zddoodah Well-Known Member

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    You don't know to whom suspected crimes should be reported? Seriously?

    We have no conceivable way of knowing. We know nothing about this person beyond what you've told us.
     
  4. cbg

    cbg Super Moderator

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    Are you an employee (W-2 at the end of the year) or an IC (1099 at the end of the year)?*

    It makes a difference to whom your report it.

    *Yes, I know, but it's a place to start.
     
  5. army judge

    army judge Super Moderator

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    In NY state you can file charges against a person who issued you a bad check.

    The issuer (the person who wrote the check) is liable for the check amount plus additional bank fees you endured because of the bouncing checks.

    If the person willfully wrote you a bad check, said party may face criminal charges in New York.

    You must follow notification procedures to the issuer as set out under the laws of NY state before pursuing any charges.

    Visit your bank. Ask for a copy of the bad check and an account statement showing the check bounced and any fees. Make two copies of the account statement.

    Write a letter informing the drawer the check bounced. Include the check amount and all bank fees, and ask for payment. Attach the account statement, but redact any personal information. Copy the letter. Mail the letter to the drawer by certified mail, return receipt requested. Contact the district attorney's office to verify the wait time.

    Contact the bank with the account where you deposited the BAD check.

    Initiate a formal dispute.

    Someone (usually a bank officer) he bank will provide you with instructions on how to start the process.

    Ask for copies of the dispute papers. How long you must wait before pursuing action varies by county in New York. Contact the district attorney's office to verify how long after initiating the dispute you must wait to file the charge.

    Go to the local police department or district attorney's office.

    You can file in the district attorney's office in some New York counties or the local police department. The district attorney's office can help you file criminal charges. Contact the district attorney's office for bad check procedures. Bring the letter copy, returned receipt, dispute paperwork and account statement copy. Ask the officer or bank teller to provide you with a "bad check complaint form".

    Complete the form.

    Forms vary by county in New York, but you typically need the defendant's name and address and the banking information. Attach the return receipt, check copy, letter copy and dispute papers to the form. File the form.



    An example of Nassau County's bad check form:

    https://nassaucountyny.gov/DocumentCenter/View/1063

    NYC bad check procedure EXPLAINED:

    https://www.nycourts.gov/courts/nyc/SSI/directives/DRP/drp145.pdf

    I suggest you work this on the CRIMINAL side first, allowing the prosecutor/DA to locate the deadbeat, then file your small claim case for recovery.

    Small claims MIGHT not be necessary, if the deadbeat is convicted or pleads out, because restitution can sometimes be court ordered and collected for you in a criminal matter.

    Minimally, which is huge for you, the criminal apparatus of the state can locate this dude easier than you can.
     
    Michael Wechsler likes this.

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