Way back when, my agency would handle bad checks for any amount. As time went on, they quit doing investigations on small checks. And later, they would not investigate unless the check was for more than $1500. There were just too few investigative resources and too few prosecutorial resources to continues pursuing cases involving smaller amounts.
I have been out of that line of work for a long time and I don"t know what the amount is these days or if they work ANY check cases any more. Unfortunately there are too many more serious and important criminal cases that MUST be investigated to do much with checks.
Is this right? I don"t think so. But it all comes down to money. The citizens do not support the taxing level it would take to fund investigation and prosecution of all the crimes that probably should be dealt with. And the jails and prisons are already grossly overfilled.
When I sell something, I will not accept a personal check unless the buyer and I go to his bank and that bank cashes the check right there. I have accepted checks from people I know, and that has always worked out OK for me. But anyone else can comply with my terms: cash, or the item does not leave my property.
To allow someone you don"t know to write a check and leave with the item you are selling is a mistake! And I bet that it is not one that will be repeated.
As far as recovering the tractor goes, I would suggest researching the law in your state, and probably get a competent lawyer who understands such a problem involved. I think in MY state, the tractor could be repossessed, but it might involve a legal hassle. I would be asking myself if the tractor was worth the trouble. You don"t want to get yourself in personal legal problems!!!
I also would talk to the prosecuting attorney to get their take on the situation. It MAY be possible to report the tractor as a stolen vehicle (stolen by fraud), and have it listed as stolen in NCIC. If so, it MIGHT be possible to get a court order in State Court that requires the law enforcement agency in the county where the tractor is now to impound it. However there may well be impound fees and a court battle with the person who has probably bought the tractor in "good faith". Again, I would be questioning if it is worth it.
I wish I could give a simple solution to the problems, but I don"t think there is one.
Never accept a check as payment for something unless you are pretty sure that the check is good and you can collect your money. That is why MOST businesses no longer accept checks. Good luck!
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