Legal Question in Criminal Law in Kentucky

I have a written contract with a guy to make payments on a piece of equipment that was sold for over $10,000.00. He make his first payment for $3,000.00 by personal check and it bounced. Now I owe the bank a lot of fees. Ive asked him to fix it or return the equipment, he refuses to do either. What should I do?

Asked on 7/11/13, 4:24 pm

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Technically speaking, he has not committed Theft By Deception (writing a bad check), since you extended him credit, and allowed him to pay for the equipment in installments. Instead of swearing out a criminal warrant, you will need to file a civil lawsuit against him in the Circuit Court where the transaction took place. Depending upon whether or not the terms of your purchase agreement were made in writing, you may be able to recover court costs, bank fees, attorney fees, and the original purchase amount.

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Answered on 7/11/13, 4:32 pm

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