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Legal knowledge of "Hot Checks" and civil after

Daboys22Mavs41Tech16

Red Raider
Gold Member
Oct 24, 2012
759
586
93
Texas
Hey guys,
Thought id pick your brains for thoughts who know the law and may can help me out.
I have a situation out of 5 years i just never thought i would have to go down this path.
Had a buddy of mine in Tyler Tx refer a outdoor living builder who needed a bbq grill for his kitchen. This was a 5k retail worth bbq grill and ended up with a bad check. I wholesale to dealers all over Texas to outdoor living companies to help out and gave this guy a great deal and just ended up not doing enough research on complaints and such. Because he was a referred from a guy i have been doing business now for many years I did not think i would be having this issue but gaining another account for wholesaling and helping out.

Anyways, turnes out he got paid buy the customer and decided his bills were more important and leaving me with the process of having to go to the DA of the county and me sending a demand letter and waiting 10 business days then the Kaufman County sending a post card demand taking another 10 days...geeze. Check was close to 4k so dealing with a felony tought he would figure something out quick and we could move on.

Oh noooooo DA says we have option you can pay it out for 6 MONTHS!!! Are you kidding me? so i hooked him up and he made $1500 profit and now he's being given 6 months to pay it off interest free.... what a load a crap. I had a check in collin county went bad in 2007 and if it wasnt paid in 1 month he was going to jail and he figured it out real quick.

This guy drives a Chevy dually all logo out with his company name and services and that area is old money and a hot bed for outdoor living just to give you a vision how he portrays himself. Come to find out, this is not the 1st time and everyone I know there said..."You didnt accept a check from him did you?....ohh no hes known to do write back checks"

So i can pursue civil while this is going on and not sure what his situation is I dont want to take the chance to have to just get a judgement against him and prob end up with nothing. But i am willing to wait till its paid then go after him in small claims for the retail and wasting my time dealing with this.

So getting to the point: What is usually the best way to calculate damages and time to make this worth wasting his time now and being a thorn in his side. And also is it best to do it in Dallas where my business is or go through Tylers small claims due to a quicker process then waiting 6 months for a date in Dallas Small Claims.

He may act like a dead beat but i do know he lands 25k to 100k jobs all the time so now hes just being a jerk


This post was edited on 12/20 10:11 AM by Daboys22Mavs41Tech16
 
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