DIYbanter - View Single Post

(Saravana) writes:
So I have sent them a certified
mail that if they don't send me the check for the full amt + bank
return fee within 7 days a criminal case will be filed.

You need to be careful about your wording. A private citizen
cannot file criminal charges. All you can do is swear out a
complaint to the police or a clerk magistrate, and then they
make the determination of whether there is sufficient grounds
for criminal charges and whether or not they will be filed.
Sometimes they will disagree that there are grounds for
charges; sometimes, even though there are grounds, they will
choose not to prosecute.

Thanks for
your suggestion earlier in this posting. I appreciate your help.
Is it ok to file the a case in both civil and criminal court at the
same time?

Yes.

If I were you, I would have demanded in my letter that they
reimburse you for the small-claims filing fee in addition to
the other amounts you mentioned. Now, if they send you the
money you demanded in the letter, you probably won't be able to
get them to reimburse you for the small-claims fee, so that
money is lost.