Legal Question in Business Law in New York

Hello.

Here is the situation. The contract of sale was concluded between two parties. The seller provided the merchandise to the buyer. And the buyer gave checks. But all checks are bad checks. In the result, the actions of the buyer is classified as a fraud. Please let me know, is it possible to forward request to the District Attorney in order to sue this buyer? And may be the holding of the case?

Thank you in advance.

Asked on 8/30/13, 3:58 pm

1 Answer from Attorneys

Frank Natoli Natoli-Lapin, LLC
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This may very well be a fraud as evidenced by the fact that there was more than just one bad check. It is certainly your right to present the matter to the DA or you can discuss with the police as well. Whether they ultimately choose to take criminal action depends, but in any case you can certainly file a civil action against them to try and recoup your loss.

If the total amount in controversy is not more than 5K you may consider the small claims court. If much more than that, then you should consult a lawyer in private and discuss your options . You may want to first start with a legal demand letter, which if successful will be much more cost effective than going straight to litigation.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 9/03/13, 7:30 am

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