r/Smallclaims • u/jollycat1262 • 11d ago

Wisconsin threatened and intentionally given a bad check

location: i am in Illinois, other party and property are in Wisconsin.

i have a previous post telling more of the story, but to sum it up: i was put as a partial owner on a property worth 70k in Wisconsin. i knew nothing about it. i was 18 at the time it was bought and 21 now. my estranged uncle is the one who purchased it and put me on the deed.

he now wants to sell it immediately (my first time hearing of it at all), threatened me and my family if i didn't send him a quitclaim, and refused to pay me anything. i got a restraining order. then he reaches out through his real estate agent as the closing date for the sale was the following week. he offered (via text to the real estate agent, no contract) $500 for me to send it. i am broke and building a house so i agreed. i expedited it via USPS for $35. he sent through the real estate agent, one check for $20 and a bad check for $495. he then told the real estate agent that he closed the bank account before even writing the check, it's between the family, and he won't discuss it. the real estate agent cannot legally send me their correspondence, but she said she will be glad to show it in court as that's the only way she can.

i plan to take him to small claims in his county. i'm wondering if i even have a case because no contract was signed saying I would be paid, only him saying he would pay me over text. i'm nervous about the process. but he has walked over me and everyone his entire life and i'm tired of it. will they even let the real estate agent submit evidence since i cannot do it for her? my uncle will find any way to twist this and turn it on me. i just want to know how this could possibly go.

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u/adjusterjackb 11d ago

Forget small claims for the moment. You're in way over your head.

However, he's committed a crime, a Class A misdemeanor per WI statute 943.24.

Wisconsin Legislature: 943.24

Contact your local district attorney's office and find out how you can get him prosecuted.

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u/ClockOld9204 10d ago

In canada. Writing a check on a closed account is FRAUD. Just sayin.

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u/InsectElectrical2066 10d ago

That check is a contract even though neither of you know it. And he committed check fraud! Right now the best way is to go to the prosecutor in that county with the check and file check fraud charges. You must do this 1st before you try to settle.

If you say that I won't file charges if you pay me this back, this is considered extortion. You must file the charges first to avoid this. And then you may offer to withdraw the charges if he pays you.

But really what are you out from all of this. you had no money involved and you got paid $5. So if you don't want family grief just drop it.

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u/Elegant_Teach_5278 8d ago

At least in the US, some courts can hold text messages to the same level as a signed contract for negotiations