Legal Question in Credit and Debt Law in California

I received a check for services rendered from a married couple. The checking account was in both of their names, the check bounced for insufficient funds. It is my understanding that maximum amount of claim in small claims court is $7500.00. Can I file a claim against each the husband and wife for the amount of $7500.00 each? The bad check amount is $17,775.00. Or must I be satisfied with the possibility of recovering only $7500.00.

Roland


Asked on 5/04/10, 3:17 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

No, you cannot sue each husband and wife for $7,500 to try and recover $15,000. You can either sue for $7,500 in small claims court, or file a Superior Court lawsuit and recover the entire amount due. Have you contacted the County District Attorney in your area to inquire about their bad check program?

*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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 5/10/10, 3:48 pm


Related Questions & Answers

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