WTK advice on bounce cheque.

[D music 4 life]

Season Greetings tuners. I have a bounce cheque from a guy I did business with for years. Right tru I getting a run around to wait until he gets $. This going on over six months now. I know it's illegal for him to write a cheque if he doesn't have money in d bank. I have reach d point where I need to take some legal action. Note I didn't want to do this because I always thought he was a honest person. I never had any problems with in d past. How do I go about with this cheque? Someone told me to go to fraud squad.

[rspann]

The maximum fine is ten times the value of the payment ,let him know that and see if he willing to take a chance on that.next step go to fraud squad.

[Kenjo]

Fraud squad closed down ? Six months you waiting ?

[rspann]

Of you could get Jahflame to handle it for you.

[88sins]

Call/visit him and let him know he has a set timeframe in which to settle the issue, say 24hrs. And if he doesnt settle the issue, that you will begin to take action to recover whats owed. You can then take it to fraud squad, and you need not stop there. You could also file a petty civil claim, and seek to levy on his assets. So you would be able to just walk into his home or business & seize assets valued the equivalent amount of what he owes plus your legal costs.

That should motivate him.

[konartis]

Season Greetings tuners. I have a bounce cheque from a guy I did business with for years. Right tru I getting a run around to wait until he gets $. This going on over six months now. I know it's illegal for him to write a cheque if he doesn't have money in d bank. I have reach d point where I need to take some legal action. Note I didn't want to do this because I always thought he was a honest person. I never had any problems with in d past. How do I go about with this cheque? Someone told me to go to fraud squad.

what was the payment for? this would separate it from a criminal matter or a civil matter, and u cant report a criminal matter for the Fraud Squad to investigate then file a civil matter, is either one or the other. If its a criminal matter the police only have one year to prosecute the person should it be an offence. 6 months done gone....

[Allergic2BunnyEars]

Of you could get Jahflame to handle it for you.

Rspann is dead serious about this.

[Casper23]

Season Greetings tuners. I have a bounce cheque from a guy I did business with for years. Right tru I getting a run around to wait until he gets $. This going on over six months now. I know it's illegal for him to write a cheque if he doesn't have money in d bank. I have reach d point where I need to take some legal action. Note I didn't want to do this because I always thought he was a honest person. I never had any problems with in d past. How do I go about with this cheque? Someone told me to go to fraud squad.

what was the payment for? this would separate it from a criminal matter or a civil matter, and u cant report a criminal matter for the Fraud Squad to investigate then file a civil matter, is either one or the other. If its a criminal matter the police only have one year to prosecute the person should it be an offence. 6 months done gone....

So you mean to tell me I could defraud someone,lay low for a year and I getaway scotch free,wow , then we wonder why this country the way it is

[kerwin1968]

@casper 23, thats not how it works the year is for the police to initiate action, so if you defraud someone and lay low when you come out after the year a warrant will be waiting on you which has no time frame, bro go to the fraud squad

[88sins]

what was the payment for? this would separate it from a criminal matter or a civil matter, and u cant report a criminal matter for the Fraud Squad to investigate then file a civil matter, is either one or the other. If its a criminal matter the police only have one year to prosecute the person should it be an offence. 6 months done gone....

Doesnt matter if it was for goods or service, & thats not what will separate it from a criminal vs civil matter. Fraud squad will initiate an investigation into the criminal offense of issuing a bounced cheque & obtaining/ larceny of goods/services under false pretenses. They will then investigate & prosecute the offender for these offenses, & once found guilty he will be sentenced accordingly whether by fine or jail term. The prosecution can then request or the magistrate order the return of the items or their equivalent value the victim. If upon conviction, the victim did not have any restitution by means of said request or order, then he may initiate civil proceedings to recover of the value of what was taken. In civil proceedings, if found guilty the respondent is simply ordered to return the value of or item/s that were taken, & if applicable any legal costs incurred by the petitioner. If he fails to comply within the magistrates stipulated time frame, the petitioner can then apply for an order from the magistrate allowing the petitioner to levy on the respondents assets, whatever and where ever they may be, to the value of the amount ordered by the magistrate, that will then be sold at auction at their current market value & the petitioner paid from the proceeds of this.

As regards the time frame/limitation, the law states
8. Notwithstanding any law to the contrary, an offence committed under this Act and charged summarily may be prosecuted at any time within one year after the commission of the offence.
There is no mention of anything about the offender cannot be prosecuted after a year has passed. So a person can still be charged and prosecuted well after a year. See the last page.
http://rgd.legalaffairs.gov.tt/laws2/al ... /79.52.pdf

Some defense attorneys will argue that its double jeopardy to do this, but from a legal standpoint it isn't once certain criteria are met. They are separate proceedings, initiated by separate entities, with completely different objectives, even though they may both stem from the same source. It could get a little more technical too, but thats a lot more than i willing to type.

[MG Man]

So you mean to tell me I could defraud someone,lay low for a year and I getaway scotch free,wow , then we wonder why this country the way it is

scot free even

[fallen_angel]

the best way to deal with these type of situations is to get d man wife pregnant, make him mine your child without even knowing it

[Kalisnakov]

^^^
Lol

[- Rovin's car audio -]

report it to d police & let them advise u ...

[fallen_angel]

if he cant pay u most likely he dont have money for no dna test...so go strong, you know wat u have 2 do...plus if he owing people his wife wud take chain up easy once u throw some cash on her

[nissan4life]

In for infor, going thru same chit..
Fraud squad so called investigating over a month now

[desifemlove]

sue in court.

fraud squad only means he may go down, and his partners will came and bust yuh arse/shoot yuh.

jus pay for a lawyer and arrange a date in court.

[D music 4 life]

It was for parts for his vehicles. He fix & he sold them. It's not pocket $ u can buy a b14 with it. He keeps saying he waiting on $ from d government. Can't get d man wife pregnant she living in America.

[fallen_angel]

Boy well karma is a biatch, if she living there and he here aome other guy probably beating it out for you already

[carmelo]

Call/visit him and let him know he has a set timeframe in which to settle the issue, say 24hrs. And if he doesnt settle the issue, that you will begin to take action to recover whats owed. You can then take it to fraud squad, and you need not stop there. You could also file a petty civil claim, and seek to levy on his assets. So you would be able to just walk into his home or business & seize assets valued the equivalent amount of what he owes plus your legal costs.

That should motivate him.

you can employ a debt collection agency to engage said person

[88sins]

you can employ a debt collection agency to engage said person

this is an option, but honestly not the best option. they aint just conna call him, they will be telling the debtor they are collecting the money on the creditors behalf and thats true, but they quite often add on a percentage to whats owed for themselves. they aint doing it for free and thats understandable, but they also take a percentage of what's collected directly from their client, some as much as 25-30%, as payment.
better to try to collect it yourself if at all possible. use them as a last resort

[D music 4 life]

you can employ a debt collection agency to engage said person

this is an option, but honestly not the best option. they aint just conna call him, they will be telling the debtor they are collecting the money on the creditors behalf and thats true, but they quite often add on a percentage to whats owed for themselves. they aint doing it for free and thats understandable, but they also take a percentage of what's collected directly from their client, some as much as 25-30%, as payment.
better to try to collect it yourself if at all possible. use them as a last resort

I don't mind if is a 10% because a lawyer will cost a lot more.

[pugboy]

I think the owner of a popular muslim tv station has a debt collection agency
The other well known muslimeen agency may not be in operation anymore
But i know somebody who crashed a rented kalloos car and he was paid a visit
By them to formalize a payment plan.

[konartis]

what was the payment for? this would separate it from a criminal matter or a civil matter, and u cant report a criminal matter for the Fraud Squad to investigate then file a civil matter, is either one or the other. If its a criminal matter the police only have one year to prosecute the person should it be an offence. 6 months done gone....

Doesnt matter if it was for goods or service, & thats not what will separate it from a criminal vs civil matter. Fraud squad will initiate an investigation into the criminal offense of issuing a bounced cheque & obtaining/ larceny of goods/services under false pretenses. They will then investigate & prosecute the offender for these offenses, & once found guilty he will be sentenced accordingly whether by fine or jail term. The prosecution can then request or the magistrate order the return of the items or their equivalent value the victim. If upon conviction, the victim did not have any restitution by means of said request or order, then he may initiate civil proceedings to recover of the value of what was taken. In civil proceedings, if found guilty the respondent is simply ordered to return the value of or item/s that were taken, & if applicable any legal costs incurred by the petitioner. If he fails to comply within the magistrates stipulated time frame, the petitioner can then apply for an order from the magistrate allowing the petitioner to levy on the respondents assets, whatever and where ever they may be, to the value of the amount ordered by the magistrate, that will then be sold at auction at their current market value & the petitioner paid from the proceeds of this.

As regards the time frame/limitation, the law states
8. Notwithstanding any law to the contrary, an offence committed under this Act and charged summarily may be prosecuted at any time within one year after the commission of the offence.
There is no mention of anything about the offender cannot be prosecuted after a year has passed. So a person can still be charged and prosecuted well after a year. See the last page.
http://rgd.legalaffairs.gov.tt/laws2/al ... /79.52.pdf

Some defense attorneys will argue that its double jeopardy to do this, but from a legal standpoint it isn't once certain criteria are met. They are separate proceedings, initiated by separate entities, with completely different objectives, even though they may both stem from the same source. It could get a little more technical too, but thats a lot more than i willing to type.

All this to say what? If the cheque was based on monies owed to him via a loan, is not an offence, so its either goods or services just as u said...obt goods or services by fraud, other than false pretences ie by use of a dishonored cheque....so I ent knw what u trying to disprove..... There is a statute barred period of one year, you stated in ur long essay...one year from the date of dishonor to prosecute. After that the police can't prosecute. Read the negotiable instruments act again.