Legal Question in Credit and Debt Law in California

Re: claim cancelled check

In addition to the remedies afforded by California Civil Code Section 1719, you may want to consider turning this matter over to the district attorney, who has the authority to prosecute your "client." This may even help you in your efforts to collect the amount due you, since if convicted, the client may be required to pay "restitution" to any person damaged by his bad check writing.

Re: claim cancelled check

Thank you for your posted inquiry.

Basically, you have a contract question. You did not mention if you and this other person had agreed on when payment would be made in relation to certain dates or work on the project, but it would seem that this person would not have written a check in the first place if there was not an agreement to pay you.

You are entitled to stop work until the payment is made, under the doctrine of "anticipatory repudiation", or sue him for the unpaid balance and any work done.

Thanks again, and I hope this answer helps you in some way. If you have other questions, want more details, or feel you need representation, I'm happy to help. Please email me directly at [email protected], and best of luck.

Re: claim cancelled check

If the amount is under $5,000, you should file in small claims court. If the amount is over $5,000, please contact me for free consultation.

Re: claim cancelled check

It sounds as if you have a strong case in contract and should proceed with a lawsuit. Call me directly at (619) 222-3504.

Re: claim cancelled check

First, you should know that this was not a "salary" check, salary is paid to employees and as you point out you were an independant contractor, I assume you know the difference. In any case, you can sue the make for not only the amount of the check, but, if after notice of the dishonoring of the check, he/she doesn't pay it, you can get penalties as well. See California Code of Civil Procedure (CCP)Section 1719. Good luck!