Legal Question in Business Law in California

My friend has a friend who could fix my car. But I paid my friend with a check for the work and he also helped do the work on my car. He claims that his friend has no bank account so he would deposit my check and give his friend the money. If I have a problem and have to sue, can I just sue my friend? Or am I required to also find the friend of my friend to sue? He has disappeared and I don't even have his full name, address or phone number.


Asked on 3/06/12, 6:07 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

How much money is changing hands? Is anyone licensed to do automobile repairs for pay? Lawsuits, including collecting from the defendants, are dreadfully complex and expensive, even in small claims, and the outcome, especially in small claims, is uncertain. I recommend: 1. Entrust your car repairs to licensed (Bureau of Automotive Repair) mechanics. 2. Make the check jointly payable to "X and Y" so both have to endorse it, regardless of whether it is deposited or cashed and to whose account it is deposited; and 3. Get your understandings, contracts, agreements, etc. in writing -even very informally - before making deals where you might have to sue.

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Answered on 3/06/12, 9:01 pm


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