Legal Question in Credit and Debt Law in California

non-sufficient funds

I gave my car to a friend who is a used car business owner. He was to sell it and give me the money. He sold it and I haven't seen the money. He did write me a check that bounced. He keeps telling me he will get me the money but the money never appears. What are my options? What is the process to collect from him. This has been going on since Feb. 2007.


Asked on 5/30/07, 7:22 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: non-sufficient funds

Under $ 5K you may go to small claims court. Over $ 5K contact me directly.

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Answered on 5/31/07, 5:26 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: non-sufficient funds

If he bounced you a check, you need to send him a letter and demand payment plus three times the face value of the check. You can also report it to your local police or DA as it is a misdemeanor.

If he does not pay you, you need to sue him. If it is under $7,500, sue in small claims court. Over $7,500 may require an attorney. If you sue in small claims court, you can get my free ebook by emailing me at [email protected]

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Answered on 5/30/07, 7:32 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: non-sufficient funds

If you send a demand letter that complies with the requirements found in California Civil Code �1719 and if he fails to pay within 30 days, he will then be liable to you for the value of the check, plus a penalty of three times the check value (not to exceed $1,500.00). Check out �1719 here:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20

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Answered on 5/30/07, 7:38 pm


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