Received a bad check for a purchase. What do I do?

I had sold 2 horses to a lady. She paid with 3 checks and one was bad. It took an extremely long time to get bounced at the bank so I had thought it had cleared. She already has the horses and papers. This was back in February. The unreceived amount is $500. I am in South Carolina and she is in New Hampshire. She knows she owes the money. The first three times she said she had sent it and got lost in the mail. Now she says she just can't afford to pay it right now with the hard economic times. What can I do to get the rest of my money? Small claims court? File a bad check report? Is it worth going through the courts for $500? Since she is out of state, I dont know what to do.

It is the right size for small claims court. The problem is that she is not in the same jurisdiction. You need to talk to a local lawyer about this one. I'd be sure to turn her in for every potential bad-check writing charge including a potential for fraudulent conveyance of the horse. It is called theft... horse theft?.... but it started when she didn't cover her checks. You need to go after your money with a lawyer in tow to guide you on what can be done in the two jurisdictions.

According to the law, the fact the check was bad is not necessarily synonymous with fraud.

And, she doesn't need an attorney for a bad check. That is ridiculous.

The proper venue for the prosecution of the offense of Deposit Account Fraud is the County in which the check was presented. This is true regardless of where your home office may be located or where the person who tendered the check resides.

In order to criminally prosecute, the following must be true:

The check must be dishonored by the drawee for one of two reasons:

• No account / Account closed - this is based on the status of the account at the time the check was made, drawn, uttered, or delivered, not at the time it was presented to the bank for payment.
• Lack of funds - the check must have been deposited or presented for payment within thirty (30) days of the date of delivered, and the accused has failed to make payment of the check and a service charge within ten (10) days after receiving written notice that the check has been dishonored. A copy of the notice that will satisfy this requirement may be found in these materials.

CHECK FRAUD - FREQUENTLY ASKED QUESTIONS AND ANSWERS

As a resident of South Carolina who has prosecuted people for bad checks in the past, I can assure you the process is very simple. Take the bad check to your local magistrate and show them the documentation and they can issue a warrant, even out of state.