Legal Question in Criminal Law in California
Restitution of loan payment
Wrote me a check for $2500.00. I gave them $1,000.00 and used the rest to take care of bills, etc. Then my bank said it was counterfeit which left me with a negative 2500 balance. I took out a loan to cover it and I am still paying on the loan after 2years. I need to get reimbursed for my loan b/c if they would not written me a bad check I would be in this situation. Seeking Restitution for all monies paid in to amend this situation.
3 Answers from Attorneys
Re: Restitution of loan payment
Sue the party giving you the check, if you can find them.
Re: Restitution of loan payment
Sue them in small claims court is my best advice.
Jacek W. Lentz
Los Angeles, CA
310.273.1361
Re: Restitution of loan payment
YOu have a solid case and should sue in small claims court. The filing fees will be added to the judgment. Just make sure the debtor has some assets since a judgment does not collect itself. To collect on the judgment you can attach assets through a writ of attachment delivered to the Sheriff. Or, you can prepare and Abstract of Judgment and record it in the debtor's county of residence. This will make the judgment show up in every credit inquiry. You must renew the judgment before the expiration of 10 years since it is only good for 10 years at a time. Interest will accue on the judgment at the legal rate.
Good luck. What a pain?
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