Help! What should I do???

Question

I sold something to an acquaintance.

She wrote me a check, took possession and then canceled the check the next morning. She told me that what I had sold her is broken (its not) and that she was going to bring it back to me. That was yesterday morning.

Since then, she has contacted me (by text) and was very hostile and nasty, but she has not returned the item...

What should I do? As some background, this person is very shady and has very little integrity. I shouldn't have done business with her in the first place (my bad) but now I need to fix this... I need suggestions...

Answer 1

in the future never take checks and tell her you are going to call the police and say she stole it if she dosent give it back even if she brakes it its better than her having it and dont talk to her anymore  

Answer 2

Consider it an expensive lesson.  Small claims court is a waste of time.  

Next time, sell it on ebay.

Answer 3

#1. In the future, when doing business with shady people, CYA. Make a receipt for the item and make her sign it, or make her pay you with cash (have a counterfeit marker ready), or a cashier's check.

#2. Take it to small claims court. Save the check. Gather names of persons who may have witnessed the event, times, dates, and any other documentation you might have (the receipt from the original store where you bought the item would be most helpful).

Answer 4

This is relatively simple.

First, don't say another word to her. The longer she takes to return the item the better for you. If it passes more than a couple of days, don't accept it back, tell her to take it back. THEN, get those that KNOW of her "shady" dealings to write out affidavids (a notorized letter) of what they know about her and her character "personally" (not hearsay).

Then get take the cancelled/stop payment check and any paperwork you may have between yourselves, bill of sale, contract etc.... and now take her to "Small Claims" court. This is what this court system is for!!

You file in the district you made the transaction. It is cheap and simple. Good Luck, I have had dealings like this before myself and I HATE THEM!  

Answer 5

oftentimes, banks will not cancel a check once it's been written, have you tried cashing it ? Most likely by your description though it was a bad check to begin with. Agree with the above poster you have to take her to court if you two can't work out a solution (which would be preferable, as going to court might be more of a hassle then its worth in terms of time and money, especially if its not a very large sum)  Also make sure you keep a record of her texts and nasty messages for reference if you do go the legal route and file a police report for fraud. Good luck

Answer 6

u have to take her to small claims court, start with the magistrate.

Answer 7

tell her you are going to file the check with the police/district attorney's office because she essentially stole what you "sold" her.  I guarantee she will respond.  If she doesn't then file a police report for the "hot" check

Answer 8

unfortunately, it sounds like she committed a fraud on you.  you have the right to sue her for your property back.  the problem is that it is going to cost you more money to bring an action against her in court.  once you get a judgment against her, then your stuck with a piece of paper that says she owes you money.  it is up to you to find her assets and then file the necessary papers to obtain those assets.  

a lot of people think just because they get a judgment, the person has to pay you.  that is only partially true.  it is up to you to find bank accounts, where she is working, or any other assets this person may have.  it's a lot harder than it sounds.  

it depends on how much this person owes you if it is worth the aggravation.