ok here's the issue, two weeks ago i did a small job for x person, this person also owed me some money. Well to make it short he made me a check for the total of the job $450 and $150 for what he owed me, so the check was made for $600. He then stopped the check, what would be the chance of collection this in court? this happend in CA.
2006-09-24 12:42:56 · 5 answers · asked by Anonymous in Business & Finance ➔ Small Business
There is a difference in writing a bad check and doing a stop payment. It is legal to do a stop payment and it is not a crime.
If it was a crime banks would not do stop payments.
You could send it to a collection agency.
However, he does have the right to dispute it if the work was not done correctly. Not that you did anything wrong. Just advising you what the person may or may not do.
2006-09-25 10:17:03 · answer #1 · answered by webworm90 4 · 0⤊ 0⤋
YES, you can take him to small claims court, but before you do that here is what I would do. Most people don't know this, but knowingly writing a bad check is a CRIME! Different states handle this differently, but this is in effect "Theft by Deception". In other words he stole your goods and services by deceiving you by writing you a check and then stopping payment even though he does owe you the money.. I would start out by telling him that you are going to give him 24 hours to get you the cash, otherwise you are going to go to the Police Station and file criminal charges against him for "Theft by Deception". If he responds positively and promises to get you the cash then wait for the 24 hrs before you do anything. If you get no joy then you are going to have to drag him to small claims court.
Good Luck!
PS: Here is some interesting reading in "Theft by Deception"
http://www.laborlawtalk.com/archive/index.php/t-100592.html
2006-09-24 21:34:31 · answer #2 · answered by MeInUSA 5 · 0⤊ 0⤋
You have a very good chance of getting a court ruling against this person. It is not legal to stop a check to get out of paying someone. You still have a legitimate recivable and he has to pay.
2006-09-24 19:46:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I don't know the law in CA but you should be able to recover the debt in most areas.
2006-09-24 20:42:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
don,t know ca law but i think i would take it to small claims court
2006-09-24 19:46:32 · answer #5 · answered by sauttermike 2 · 0⤊ 0⤋