Legal Question in Credit and Debt Law in California

Stop payment of check for lump sum short term loan pay off

In good faith I made a 3 week loan of $3000 to my sons mom. Her check for that amount was shortly handed to me and I held it until the check date. In the meantime she stopped payment on the check. Of course this was unknown to me and I proceeded to deposit and mess up my checking account. I intend to use small claims court to make record of the act and to attempt collection. That money is very important to me since I am currently living off IRA funds.....Do you think there will be any landmines to watch for and should I be successful??????


Asked on 8/17/00, 1:04 am

1 Answer from Attorneys
Christine Ruby Christine M. Ruby, Attorney at Law

Re: Stop payment of check for lump sum short term loan pay off

In a oral contract case, where there is no writing, it often comes down to proof of intent and credibility of the witnesses. If you wrote her a check, and can take it to court, it will help you. If you have a check, the issue will be whether or not it was a loan. If the court determines it is a loan, you will be in a fairly good position to receive a judgment.

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Answered on 9/22/00, 11:23 pm


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