Legal Question in Business Law in California

I submitted a small article that was published in a major magazine that they offer $100 if published. They sent me the check and then it bounced causing me additional fees with my bank, and I am unable to get a hold of a live person to discuss this. Do I have any rights?


Asked on 2/27/13, 12:32 pm

4 Answers from Attorneys

Edward McCutchan Sunderland | McCutchan, LLP

Based upon what you have written you have the basis for a small claims court action against the entity that sent you the $100 check that failed to clear. Under California law, you can also get a statutory penalty as well up to $500 for the check that failed to clear.

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Answered on 2/27/13, 12:48 pm
Anthony Roach Law Office of Anthony A. Roach

Be careful with Mr. McCutchan tells you. There is a statute that you need to comply with to get treble damages. That statute is Civil Code section 1719. You can read that statute here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1708-1725

You'll have to scroll down about 2/3 of the way down the page to read the relevant section.

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Answered on 2/27/13, 2:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In addition to what Mr. Roach says, I'd suggest you take a closer look at why the check might've bounced. Seems possible that the reason might be something other than insufficient funds. Was the check drawn on the right account? Was it properly endorsed? Did the bank that bounced the check give you any additional explanation?

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Answered on 2/28/13, 11:48 am
Bruce Beal Beal Business Law

In addition to all of the above, if the publisher is not doing business in California, you must sue them where you find them, which is not cost effective. Your only recourse may be feedback through social media (but be truthful), Better Business Bureau, state consumer protection agencies, etc.

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Answered on 3/07/13, 1:33 pm


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