Legal Question in Credit and Debt Law in California

Money

A ''friend'' owes me 5 grand. He wrote me a check that bounced and now won't talk to me. Can I file charges on him to get my money?


Asked on 12/10/08, 12:56 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Money

You should write him a letter with certain requirements, sent certified mail, wich, if not paid, will allow you to get additional damages when you sue in small claims court.

Read more
Answered on 12/10/08, 1:05 pm
David Gibbs The Gibbs Law Firm, APC

Re: Money

You can sue him in small claims court for the money he owes you. I would suggest doing that immediately. Before filing the lawsuit, you need to send him a letter demanding payment in five days (or however many days you want to give him - just keep it short). Research bounced checks in California - there are laws that impose penalties on people who bounce checks, and they generally would be payable to you. These are civil penalties, not necessarily criminal. You can also contact your local District Attorney's office - most have a bad-check program which will pursue collection of the bad check. Some counties only offer this service for checks bounced to businesses, but investigate it anyway, as they may have some information about the bounced check laws in California for you. Good luck - get the lawsuit filed as soon as possible so you don't blow any statute of limitations.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 12/10/08, 1:14 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California