JD Byrider / CNAC Thieves / Ripoff Indianapolis Indiana

Yes, i changed my address with them April 2nd...however the check was not cut or printed until April 25th and mailed on the 29th. My new address was on file with them for almost a month before this happened.

 By your own admission you didn't notify them of your new address until May 2nd.  So of course it is going to go to your old address and there is nothing fraudlent about that.  After all they are not mind readers and until you tell them, they have no idea you have moved.

You would have to somehow prove that they didn't mail the check and that is going to be pretty much impossible.  Now, if you have given them the correct address, they have cancelled the pevious check, and they have said they sent out a new check.  But still don't receive it then you may want to think of taking additional action.

But apparently have zero idea how a lawsuit works.  Even if you went down to the courthouse today to file a suit.  It would be 60-90 days before your case was even heard in court, and in some juridisctions it could be longer.  Not only that but even if your case is heard and you prevail, the courts give the other party a period of time they can appeal(usually a couple of weeks).  If you get through all of that they still usually have several weeks before they must pay you.  So the "immediate" return of your money would be somewhere around Labor Day.

As to what you can sue for.  You of course can sue for the actual amount you are owed, if you prevail you would also be entitled to the court costs.  You could also claim interest on the amount, but unless the dealer really overpaid the amount this would probably be only a few dollars.  Your claim of lost wages is going to be very hard, as you don't work 24/7.  If you work long enough to where they are only open when you are working, you are working long enough for breaks where you can take care of this.  If they are open when you are not working then this is when you should be taking care of business. If you are taking off of work to track this down that is on you..and for you to do this it better be a heck of a check.