question about court date with deabeat customer

Discussion in 'Lawn Mowing' started by bobbygedd, Mar 16, 2004.

  1. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    i just got a notice from the court. my date has been rescheduled . the matter is simple, a guy owes me for a few cuts, didn't pay, i was aggressive in collecting, he gave me a check, it bounced, and i signed a complaint after doing the standard certified letter, etc. my question is this: the notice says says ,"the state vs. mr xyz." i thought it would say, "bobby vs. mr. xyz." why is it worded in this manner? what does this mean?

    DUSTYCEDAR LawnSite Fanatic
    from PA
    Posts: 5,137

    check fraud is a no no
  3. NCSULandscaper

    NCSULandscaper Banned
    Posts: 1,557

    Just taking a wild guess here, but since bouncing checks is a big crime, the state might have taken it over as both civil and criminal court action. You can always call the clerk of court's office and ask them.
  4. Mdirrigation

    Mdirrigation LawnSite Silver Member
    Posts: 2,640

    Because bouncing a check is against the law ,its a criminal court case , Its not about you getting your money , that you have to file a civil suit. The complaint he is going to court for State vs John Doe is criminal court. Bobby vs mr zyx would be a small claims court suit you file after he is found guilty for bouncing the check. Then you have more ammunition in your civil suit, if you win you then get a judgement , no money , now you file to attach wages, bank ,accounts ,real estate ,or tax returns
    in order to recieve your money.

    Since this is your busy season he will postpone 2 or 3 times in order to cost you time and is banking on the fact that you may not show up in court , if you dont show the case will be dropped.
    So now you do show up and you sit in court and his case scheduled for 8 am, you think great, but he is one of 15 scheduled for the morning, If his lawyer is good he will make sure you waste most of the day and then ask for a post -ponement and you waste another day or dont show up and his client gets off. Welcome to the judicial system .
  5. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    i just called my attorney, he told me those exact words. my question is, will i need an attorney?
  6. Mdirrigation

    Mdirrigation LawnSite Silver Member
    Posts: 2,640

    Bobby you are only now a witness , you shouldnt need a lawyer unless you have been charged with a crime .

    You know that tag on the matress that says "do not remove under penalty of law " If you have ever done this and they can prove it you could be lookin at 20 to life .............................LOL
  7. lrose2

    lrose2 LawnSite Member
    Posts: 165


    You already got a lawyer. He is called the prosecutor!
  8. johnbast3

    johnbast3 LawnSite Member
    Posts: 54

    Bouncing a check on an account isn't illegal..Bouncing a check for a product or service performed at the time is a crime..At least in Wi..The way they look at it,if someone has owed you money,writes a bad check,he still owes you..
  9. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    Anything he says in criminal suit you can and will use against him in a civil court. No you don't need an attorney and you might not even need to be there in a cival trial [ small claims] if the guy is aready convicted of a criminal offense for the same action you can ask the judje for a summary judjement be entered in your favor in small claims.

    Mac esq.
  10. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    mac, esq. , that's some funny stuff man. that would be great, "your honor, i'll be representing mr. gedd. " " council, what is your name sir?" " i'm mac, from ohio, i'll be representing mr. gedd." "council, next time you enter my court room, i'd expect you not to be wearing a baseball cap, sunglasses, and tracking mud on the court room floor." " but, your honor, this is the way we do it in ohio."

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