Legal Question in Civil Litigation in California

I filed a small claims suit in California against a person who put a "stop payment" on a $1,200 check. The check was payment for 2 antique statues and 1 park bench with cherubs.
I cashed the check at my bank on November 2, 2010. On November 8, 2010 I was notified that my account was overdrawn due to this check being returned as unpaid.
No good faith dispute exists in this transaction. She has possession of the items. I attempted to call her to resolve the issue on November 16, 2010. She refused to discuss payment and hung up on me.
I sent a demand letter dated November 20, 2010 by certified mail according to California Civil Code 1719 and requested payment.
On February 10, 2011 I filed a claim in small claims court for $2,700 as allowed by CCC 1719. She was served on February 11, 2011 and left a voice mail for me the same day regarding the suit. Today I received an email from her offering to pay $1,200 plus $12 by company check to resolve the matter.
How do I let her know that her $1212.00 offer isn't acceptable? Do I have to even respond? The problems her actions have caused me are innumerable. I have a solid case supported by email messages from a sheriffs detective.

Asked on 2/17/11, 9:00 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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You do not have to respond. Not responding is the same as rejecting the offer. But why not tell her about all the costs and time you spent and thus you demand $X to settle the matter, as seh has no reason to have refused to pay you. Since getting a judgment against her will still requires you to spend time to get it enforced, it is best to settle for a discount from the amount you think you can get.

Answered on 2/17/11, 11:07 pm

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