Legal Question in Credit and Debt Law in California

Hello,

A person wrote me 2 checks each for $2500 and $4500 for a total of $7000 for business purpose.

However, both checks bounced and I mailed the person by certified mail, a demand letter for bad checks.

I requested $7055; $7000 the base, $50 in bank fees, and $5 the cost for mailing the demand letter by certified mail.

However, this letter got returned back to me, the person who returned the letter did not write the name or address of who is returning the letter, and claimed that the person no longer lives at the address and his/her "grandchildren" opened the mail.

I have no proof that the person who returned the mail is the one who was supposed to receive it.

Am I allowed to sue this person and say I did mail the letter, and the person refused to pay? What would be the best way to get the money? Thank you


Asked on 1/04/10, 5:27 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Yes, you will have to sue that person. First, you are going to need to track them down. You should make an effort before suing to collect the money, however, it is not an absolute pre-requisite. If you sent the letter to the last-known address you have, that's the best you can do for now. That being said, you will need to have a valid address at which he or she will be served with legal process once you sue him. Given the amount involved, just go straight to small claims court.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 1/11/10, 8:57 am


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