Re:Bounced check legal help
25 Apr 2012, 12:52
dear sir,
as i was working with a research organisation i was promised to get 20,000 per month. After working there for around 1 and half months i got only 18,600. My one problem is this and an other 1 is that, i got 2 checks one by one 1 was of 5000 and an other was of 18,600 .. which both got bounced one by one. Due to lack of knowledge i dint complained yet and now its already at list 3 months around and still I’m asking my salary back to them they are not replying me back.. but now its too late to file compliant against them so what should i do to teach them. please tell me i need you immediate help.
thank you
—
Regards
Samridhi Singh
2 Replies
Hi Samriddhi,
Here’s a step by step account of what u ll need to do (ideally and if u choose to)
1. Check the validity of the cheque.(usually cheques are valid for six months- post april 1st, validity of any cheque issued thereafter is three months)
2., If cheque is valid, represent the cheque to the bank.
3. If the cheque clears- cheers ur work is done…if not go on to step 4.
4. If the cheque bounces for insufficent funds then first keep the banks communication with you safely. It is evidence.
5. Send a letter to the “research organisation” and ask them to “research their accounts :P ,… no seriously just send them a formal letter informing them that the cheque they have issued has bounced and asking them to pay up…or else?…:evil:… Remember to send the letter by registered post (RPAD).
6. From the date of receipt of your letter, (keep the AD card safely for proof) the “research organisation” should send you the amount within 15 days.
7. If they don’t reply by that time, you have what is known as a “cause of action” in law or simply to right to drag them to court.
8. From the end of 15 day period you have another 30 days to file a complaint with the “magistrate court” or “Judicial Magistrate of the first class” depending on where all the action has taken place.
9. Now you will need to engage the services of an advocate (who is all action and less talk) and then file the complaint within time. ( keep the ad card and bank letter with you- He’ll ask you for it)
10. Persevere and pray and if matters move along at normal pace ” you would have taught them a lesson” and in the process got double of the cheque amount.
11. of course there are so many possibilities and contingencies that you would be far better off by getting proper advice from a legal counsel.
Consider the above a crash course on “what to do when cheques bounce”.
Everything said above (including the lame attempts at humour) are not to be considered seriously…seriously…
Hope this helps…cheers :cheer:
Hello Sir, My husband took money from my father for business purpose and gave a post dated cheque to my father, while writing on cheque he told me to write on the cheque and my husband signed on it, now due to some issues im not staying with him and planning for divorce in this situation he sent me a lawyer notice as I stolen that cheque which was signed on blank cheque and kept with him. Please help me in this situation.