Legal Question in Civil Rights Law in South Carolina

Bad check

What can you do when someone writes you a bad check ? Can you sue them in court ?

Asked on 6/27/03, 11:29 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Bad check

Yes. A civil suit to recover the money owed + court costs is the vehicle to obtain the funds behind a dishonored check. Issuing a "bad" check is also a crime in most states.

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Answered on 6/28/03, 8:14 am

Regina Mullen Legal Data Services, PLC

Re: Bad check

Yes, you can sue them, but you should try to negotiate payment first. Give them a chance to make good on the check, but within a set period of time. Make copies of all correspondence and send it certified mail, receipt requested. Note that they will have to pay court costs in addition to your bank fees if you have to sue, so it's in their best interest to pay promptly.

If that fails, THEN go to court. You'll have to get their current address (which is part of the point of sending certified mail) and make sure that they are properly served with the lawsuit. If the amount is small, then go to small claims court. Attach copies of your correspondence with a copy of the check and you should be good to go!

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Answered on 6/28/03, 11:58 am

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