Legal Question in Credit and Debt Law in New York

Lost original bad check, is a copy enough to file for judgment?

i was given a check by one of my clients in the amount of $20,570.00 the check was returned with ''account closed'' when we relocate our office the check was not to be found but i have copies of the returned check can i collect my money?


Asked on 4/16/02, 8:46 pm

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Lost original bad check, is a copy enough to file for judgment?

The check is just evidence of the underlying reason why the money was delivered to your office.

For example, if the money was delivered because of goods or services rendered, you can sue on both the bad check and for breach of contract.

Before contacting any attorney, I suggest that you both call and write a letter to your client informing him or her about the bad check and requesting that he or she makes good on the debt.

Mike.

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Answered on 4/17/02, 8:29 am
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Lost original bad check, is a copy enough to file for judgment?

You have a claim against the client for the failure to pay for goods/services rendered -- whether or not you have a copy of the original check. Indeed, you could testify that the check came back as "account closed," even if you did not possess the copy, which you say you do.

-- Kenneth J. Ashman; Ashman Law Offices,LLC; 156 W. 56th Street, Suite 1902; New York, NY 10019; [email protected]; www.lawyers.com/alo

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Answered on 4/19/02, 4:37 pm


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