Legal Question in Consumer Law in California

I sold an item to someone and after receiving it they stop payment on check

Hello, I dont know if I am emailing the correct area but I recently sold a Coach bag to a person. They have the bag (actually 4 bags) and 1 week later they put a stop payment on the check. WHat do I have to do to get agreed payment for the items. I have a copy of the check from the bank, a copy of the receipt I gave her. Is this a criminal matter? I just dont even know where to begin. Thanks, Kimberly


Asked on 11/30/06, 5:20 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: I sold an item to someone and after receiving it they stop payment on check

Although this may sound counterintuitive, Civil Code Section 1719 applies to both bounced checks and checks where payment has been stopped. Unless there is a "good faith dispute", a small claims judge can hold the check writer liable for the treble damages.

In most cases, the local prosecutor won't be interested in bringing criminal charges. Your best bet is to review the applicable code section cited above and then the person a notice using the format required by the code. If they don't pay up, file a small claims lawsuit for the full amount of damages allowed by law.

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Answered on 11/30/06, 5:49 pm
Claude Manookian Claude M. Manookian, Esq.

Re: I sold an item to someone and after receiving it they stop payment on check

The first thing you should do is to report the matter to your local Police department or the prosecutors office. Depending on the amount of money involved the prosecutor may decide to pursuit the matter. Chances are they wont.

So, your next step is to file a small claims lawsuit. Make sure you calculate all applicable penalties, interest and damages that you have sustained.

Good luck.

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Answered on 12/01/06, 12:04 pm


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