Can I take legal action against a person that writes me a bad personal check twice from a closed checking account?
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Can I take legal action against a person that writes me a bad personal check twice from a closed checking account?
About 6 months ago an apartment roommate wrote me a personal check from a closed bank account (the check was to pay her share of utility bills directly to me). The check bounced, with a statement from the bank saying the account was closed. Now, she hs written another check to me, for the same reason, on the same closed account. Is there any legal recourse I could take against her to collect my money, or top discourage her from writing knowingly bad checks? There is no legal contract regarding the utility bill sharing arrangement. Strictly verbal.
Asked on June 6, 2012 under Bankruptcy Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Oral, sometimes mistakenly called verbal, agreements are enforceable; they are in most circumstances valid contracts. (There are a few cases where a contract must be in writing to be enforceable, but those do not appear to apply). You therefore could sue this person for the money she owes you pursant to the agreement between the two of you, and also potentially for other costs or losses (e.g. overdraft fees) you have incurred because of her bounced checks. One option is to sue in small claims court, where you could act as your own attorney.
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