bad check given for downpayment

This is a discussion on bad check given for downpayment within the Attorneys & Legal Ethics forum, part of the ATTORNEYS, COURTS, LITIGATION category; can a lawyer demand u give back a bad check u are trying to collect saying that if i don't ...

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Old Jan 21st, 2008, 02:01 AM   #1
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Confused bad check given for downpayment

can a lawyer demand u give back a bad check u are trying to collect saying that if i don't give back the bad check i will never see the the jewelry again. The customer paid only 4 payments of 40 and is past due by 8 months. I am trying to reposess the jewelry to sell and pay on the overdue loan but he says i must return the bad $1,000 check that was given as downpayment??

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Old Jan 21st, 2008, 06:13 PM   #2
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Default Re: bad check given for downpayment

Take the check to the DA and ask them to criminally prosecute for the bad check. The DA will keep the check.
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Old Jan 21st, 2008, 10:39 PM   #3
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Confused Re: bad check given for downpayment

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can a lawyer demand u give back a bad check u are trying to collect saying that if i don't give back the bad check i will never see the the jewelry again. The customer paid only 4 payments of 40 and is past due by 8 months. I am trying to reposess the jewelry to sell and pay on the overdue loan but he says i must return the bad $1,000 check that was given as downpayment??

j
the da said he could not persue as a bounced check because the check is over 30 days old and post dated and that I should go to the small claims court which i did There the defenance's lawyer call me out of the small claims court room, and in the halway he said i had to give him the bad check, which was given to me for down payment on a jewelry loan, and if i didn't give him the check right then i would never see the jewelry again.
So is the post dated check for $1,000 be procuted in the small court?
and must i give the check to the defendants lawyer before I can reposess the jewelry? She has only paid 4 payments out of 40 and is 8 months pastdue why should i have to return the worthless downpayment check? doesn't she have an obligation to pay me for the check even if it was postdated?
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