Legal Question in Credit and Debt Law in California
Self-help recovery of merchandise?
If a consumer writes a check for merchandise at a store and that check is then returned by the bank can the merchant recover the merchandise in the event consumer attempts to return the merchandise for cash (assuming the merchant can prove through presence of original sales receipt that the merchandise is the same)?
We have had several customers who write bad checks at our store and then want to return the merch for cash. We refuse and only offer to give them a check request which we then investigate. Sometimes customers refuse the check request and take their merchandise with them only to try again later. In such a situation where we can prove beyond reasonable doubt (through presence of the original sales receipt indicating ''payment'' by the bad check) that the merchandise was never paid for can we recover the merchandise and not give it back to the consumer (assuming there is no breach of the peace during such process)?
2 Answers from Attorneys
Re: Self-help recovery of merchandise?
I can't tell if you are looking for California Law or Washington Law. I would suggest that you detain the customer and call the police, as they may be doing this elsewhere, and could be considerd a criminal offense.
Re: Self-help recovery of merchandise?
Like Mr. Koenen, I can not tell whether you are asking about what a merchant in Washington can do, or what a merchant in California can do.
However, in California, your best bet would be to simply refuse to refund the price. You can, of course, in California at least, send a notice to the customer about the bad check, giving them 30 days to make the check good. Under California Civil Code section 1719, if the customer fails to make the check good, you can then sue them in small claims court for the amount of the check, together with damages of 3 times the amount of the check up to $500.00.
Of course, you can also contact the district attorney's office for the California jurisdiction in which the check was written, and ask that they pursue criminal investigations and charges against the check writer (writing bad checks is a criminal violation as well as a civil wrong).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
