Legal Question in Business Law in California

i was renting a building for 2 yrs from a man in my city. in Oct he asked me to move and gave me 30 days to do it. I told him that i just sent him 2 checks and would have to have money to move my small business he agreed I could pay him at a later date and I would stop payments on the checks he just wanted me out. I had a small flower shop. He came in the shop I gave him a partial cash payment he said he would give me a reciept when he came back, he never came back found out he passed away. Now i am being harassed by a guy who says he is the new owner and wants money I already paid. Zhe says he will sue me for 3xs the amt of the check. I never wrote him a check.


Asked on 2/17/12, 9:21 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The treble damages comes from California's dishonored check statute, Civil Code section 1719. Subdivision (a)(1) of that section refers to "payee," so at first glance you would only be liable to the payee. Subdivision (f), however, provides that a cause of action under the section may be brought by a holder of the check or an assignee of the payee. So the fact that you did not directly write him the check is of no import.

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Answered on 2/21/12, 10:46 am


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