Originally Posted by littlelionspreschool:
His check bounced. He owed $120 and I charge a $20 bounced check fee. I waited a week after I got my bank letter that his checked bounced to see if he would send me the money in the mail, but he did not. I asked in the letter I am going to mail tomorrow to have him mail a money order, but I can see him not paying that either. I have never gone to small claims court before, but I would assume there is no way he would be able to win since the care was already provided for the money he owes, correct?
Yes, this would be a easy case as he is "saying" he agreed/agrees to pay for the services because he wrote you a check for it.
This is a pretty simple case, since writing an NSF check in MN is considered a crime. Usually only a petty misdemeanor but still, something he can't ignore.
I've taken NSF checks directly to my local sheriff's office and they've sent a collection letter to the debtor but depending on how busy your sheriff's office is, they may tell you to take it to small claims/conciliation court.
I wouldn't worry though, because the NSF check is all the proof you need to show that he owes you AND that he acknowledges it (because he wrote the check) so you'd win that case hands down.
I'd send him a certified letter giving him 10 days to pay the amount due (including late fees) and if he fails to do so, file with small claims.
Remember, he will have to pay the fees you had to pay to file as well.