Legal Question in Credit and Debt Law in California
bad check
A contractor reimbursed us by giving us 4 checks to pay back 21,500 dollars. 3 checks for 5000 dollars each, post dated to the end of the month for January, February, and March respectively. Also the 4th check for 6500 dollars postdated to the last day of April. The first check for 5000 dollars postdated for January 31, 2005 we took to the bank and we were told there was insufficient funds to cash this check. Should we take this contractor to small claims court
2 Answers from Attorneys
Re: bad check
He is in breach and you should get a good lawyer, not small claims. You may contact me. I would consider it on contingency depending on the documentation. Do you have all the checks? Do you have a written contract or an oral contract as well?
Re: bad check
You should not go to small claims court because the jurisdictional limit in that court is $5,000.00 and you have a claim for $21,000.00. Therefore you should bring an action in Superior Court for the $21,000.00., plus costs.
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