Legal Question in Credit and Debt Law in California

NSF checks

i wrote 5 NSF checks to my previous supplier between february and august 99. the checks written were then later covered with visa card payments and the NSF checks were never returned to me. i continued doing business until i decided to leave thier brand name and buy from the competition (jan 2000). obviously they are upset because i had a past due balance when i left and i have yet to pay. they have since dug up the checks and given me 30 days to get cash or they will file suit. lots more info to add but limited space.


Asked on 3/10/00, 2:16 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: NSF checks

If you can prove using written records, letters or other documents or witnesses that both you and the other company knew and agreed that the credit card payments were for the NSF checks then you can survive a lawsuit. However, if you do not have such records you may have a problem. (Hint, their records and statements may provide the evidence.) They want to use the bad checks as evidence of debt because under CCC they can get additional damages. If you are unsure about whether you can win you are wise to pay the checks. You have 30 days to pay the check from the date of certified mailed notice.

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Answered on 3/22/00, 11:41 pm


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