Legal Question in Business Law in California

An antique dealer received two guard statues and a park bench. The total for the merchandise was $1,200. She wrote a check for that amount and I cashed it at my bank. About four days later, my account was debited $1,200 because the payor put a stop payment on her check. I have attempted to resolve this matter over the phone at which time she stated that she was refusing to pay any money. subsequently, i sent her a demand letter vwhat can. i do besides filing a lawsuit in small claims court? since she hasn't paid for the merchandise, can't i reclaim the items.

thanks!


Asked on 12/01/10, 10:02 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What were the dealer's grounds for stopping payment and refusing to pay any money? Has she offered to return your items? Small claims is perhaps your best bet, but there may be two sides to this story, and you may not have given us all the facts. Other possibilities would be to contact the district attorney's office and ask for the bad-check case intake person. You should also look up Civil Code section 1719 (dealing with dishonored checks and stop payments).

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Answered on 12/06/10, 11:45 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney. I only add that you can't just reclaim the items. You have to pursue a legal course of action. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/07/10, 10:55 am


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