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  1. #11

    Default Re: Check Was Cancelled After Services Were Rendered

    If you win, you will be awarded what you are owed and maybe filing fees...then you have to collect. Winning is no guarantee of collecting. If she is on Social Security, what do you suppose your odds are?

    Your son should register and ask his own custody questions.[/QUOTE]

    Quote Quoting jk
    View Post
    if she intended on cancelling the check from the onset this would be considered a crime. Otherwise it may or may not be seen as a crime. Call the cops in Buffalo as nobody in Florida has jurisdiction. The check was written and delivered in Buffalo so that is the proper venue and who has jurisdiction.

    That applies to suing in civil court as well. If the Buffalo is Buffalo New York, it will cost you more to obtain a judgment than the $350 and then, unless she has a ton of cash in the bank, you'll never be able to collect on the judgment.
    I like the low road. I have my son and grandson away from a negative "women" that not only abandoned her son here in Florida, but also abandoned her two little girls in Buffalo with her ex. Thank guys! Out with the garbage.

  2. #12
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Check Was Cancelled After Services Were Rendered

    you do need to understand that of the girl files a custody or child support action, until the child has resided in their new state for 6 months the action will be properly held in New York (presuming it is Buffalo New York). That means your son will get to travel back to attend any hearing.

  3. #13
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Check Was Cancelled After Services Were Rendered

    Quote Quoting Gilbertshideaway
    View Post
    She gave me the check on the 23rd of August and asked me not to cash it until September 1st because she's on Social Security and her check doesn't have the funds until the 1at.
    Then you knew that the check was not valid at the time it was issued, and what you actually did was make an unsecured personal loan.
    Quote Quoting Gilbertshideaway
    View Post
    She gave me a check for service and later cancelled the check. Isn't that fraud by writing a check
    No, it is not. Read this.
    Quote Quoting People v Reynolds, 147 AD2d 961, 961-962 (1989), lv denied 74 N.Y.2d 746
    At the time of issuance, it was understood by [the payee] that the checks were not to be cashed until defendant called and advised that they were good. This agreement negates the requisite intent element of this offense and turns the checks into mere promissory instruments (see, People v Olans, 264 N.Y. 420).

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