Legal Question in Business Law in California

My Story:

In Nov 2011, me and my wife (Party) went to a clinic (Sutter) in Folsom. The total charge was approximately $600.00. The Sutter says that the Party has not made the payment. On April 4, 2012, Party has provided the date, check number, and the amount to Sutter. Sutter did not reconcile the payment by the Party, instead Sutter has sent the account to collection.

Do you think that

� Sutter has harassed the Party by sending the account to collection.

� Sutter is not doing their part of accounting for the checks that has been paid and cashed by them.

� Sutter has not practiced the good business principles, instead Sutter has sent the account to the collection.

� Sutter is not helping the Party to reconcile the checks that they has already received (I have the copy of the checks). Sutter is intentionally trying to give Party hard time.

Do you think that a law suit against Sutter is warranted? Could we collect punitive damages from Sutter? Should we file a suit against Sutter.

Please call me or drop me a letter. Your help/advise will be appreciated.

Raja Srivastava

1109 Souza Way, Folsom, CA 95630

Email - [email protected] | Cell - 916-757-8289


Asked on 5/09/12, 3:04 pm

1 Answer from Attorneys

No to all your questions. Providing a date, check number and amount to Sutter for a check they do not have a record of tells them nothing. If you have the cancelled check, provide them with a copy. If they THEN continue to demand payment you may have something. But at this point you have not shown them that you paid. You have just TOLD them you paid, which many deadbeats do. Also, if you do not have the cancelled check then you have not paid, because the payment never came out of your account. IF that is the case you must put stop payment on the first check and pay the bill again.

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Answered on 5/09/12, 3:18 pm


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