Legal Question in Civil Rights Law in Florida

Hello, I live in the State of Florida and I have a situation where I lend $2500.00 to a person that I know to take her ex-husband out of jail, so she gave me a check for the same amount and asked me to hold it for couple of months until she could pay me back. The check was issued in July 2009 which means that It is only 6 months valid. So, I tried to cash the check a couple of times but the representative in the back told me that she did not have funds, they a few weeks after I deposited the check in to my back account, but the check was returned because she did not have enough funds (NSF). So, at this point I do not know what I can do and I need an advised of how I can get my money back faster and also how much it can cost me. Or what other options I have. Thank you


Asked on 12/14/09, 5:37 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

The repayment of the debt will be according to the terms you all agreed upon when you gave her the money. If she said she would "pay when I can", and you agreed, then you have to wait until she can. If you all established any type of payment plan, then she should be adhering to it. If you all made no terms of repayment at all - just that she would repay you - or she has breached the terms of her agreement with you, then you can sue her in small claims court for the money. However, you would still have to collect the judgment, and that can be more costly and burdensome than simply waiting for her to pay you when she can.

I see a worthless check issue here too, and that could be a crime, if you wanted to get the police involved.

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Answered on 12/20/09, 11:46 am


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