Legal Question in Appeals and Writs in California

Photocopy

I paid a deposit, $1000, by a casher's check to one of the well-known cell phone companies one year ago to receive its service. I had done in their retail shop. And the shop is now closed. After I finished my contract, I requested the company to return my deposit. But, they said that there is no record for that I paid them a deposit. I gave the actual receipt of the casher's check to the retail shop of the company, and I kept the photo copy of the casher's check. Does the photocopy of the casher's check work as an evidence that I paid the money to them? I faxed the copy to them, but then they asked me to pay extra $1000 to them.


Asked on 2/12/03, 12:51 am

3 Answers from Attorneys
Douglas Bedard Law Office of Douglas Bedard

Re: Photocopy

This question is not in my field (appeals/writs)

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Answered on 3/02/03, 5:25 pm
Martin Snitow

Re: Photocopy

You should be able to get proof of payment of the cashier's check from the bank that issued it. They may charge a fee for this.

The photocopy of the cashier's check is proof that one was issued. The bank should be able to show that it was cashed, and by whom.

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Answered on 2/12/03, 1:05 pm
Steven Murray Steven W. Murray, APC

Re: Photocopy

Get a copy of the cancelled check from your bank or other proof the bank paid the check. Then call and get a person's name in corporate headquarters in the legal department, write with a copy of the check and tell them you will sue them if you don't get your refund within 10 days. You can go to small claims court fairly easily and attach copies of the cancelled cashier's check and your lettr as exhibits. Keep copies of everything and bring three sets to court with you.

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Answered on 2/12/03, 1:26 pm


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