Legal Question in Credit and Debt Law in California

Treble damages civil code1719

In 1999 i wrote a check the fund were not available

1 week ago i private eye contacted me and said i had to pay

126.00 for the original check plus 378.00 for treble damages

plus 10% from 6/19/1999 at 186.00 plus 25.00 for filling fee

he also stated that he sent certifified letter to an old address which i did not recieve is he now intitled to send me a certified letter in which i have 30 days to pay only the check fee bank cost and cost of mailing the letter

please help best #909-437-2783


Asked on 3/04/03, 8:03 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Treble damages civil code1719

See California Civil Code section 1719, which sets out the penalties for negotiating a bad check, but the demand of the collection agency needn't be adhered to. First contact the creditor directly, you must receive an assignment from the creditor before you can pay anyone else. Which could leave you in the position of paying the purported collection agency, and having to pay the creditor as well.

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Answered on 3/05/03, 4:22 pm


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