Legal Question in Civil Litigation in California

Re: Recieving a bad check from a company from a sale of property

contact the Police and the DA; sue in small claims court if all else fails.

Re: Recieving a bad check from a company from a sale of property

Knowingly passing a bad check is a crime in California. You may go to your local police department and file a complaint. Be prepared to see no interest from the police as they will consider this a very small crime and tell you to take a civil action. If that happens you may lodge an official complaint against the police department for failure to take action. Or, you may place the person who gave you the bad check under citizen's arrest and hand him over to the cops. You must have the police present at the time of citizen's arrest. If police refuses to accept the arrestee to their custody then the refusing cop may be charged with misdemeanor, as it is a crime not to accept an arrestee from a citizen. CAVEAT, if you are not sure whether the person committed a crime (i.e., knowingly passed a bad check) you might get sued for for variety of causes of action such as false imprisonment, defamation, etc. BE CAREFUL.

Lastly, you may simply take him to the small claims court where you would ask for your damages plus punitive damages up to $5000 total.

Re: Recieving a bad check from a company from a sale of property

You should file your claim in small claims court and have the Marshal save the business. Make sure you get and keep the check.

You may also make a police report on the likelihood that this company is deliberately acquiring merchandise or property with bad checks, in which case it is a crime.

Re: Recieving a bad check from a company from a sale of property

Sue in small claims court

Re: Recieving a bad check from a company from a sale of property

1. Issuing a bad check is both a civil and criminal wrong.

2. Pursuant to Civil Code 1719, the issuer of a bad check may be liable for punitive damages of three times the face amount of the check, up to a maximum of $1,500 in penalties. In order to recover these damages you need to send a letter which complies with the technical requirements of Civil Code 1719.

3. You can also recover you bank charges as a result of the returned check. Additional damages for your checks which did not clear as a result of the bounce may be recoverable, but this is not as certain. (There are issues of forseeability).

4. Your local district attorney (not the police) should be contacted. They generally have a "bad check" division which sometimes helps to recover bad checks. Usually, you get the best results just before the election for district attorney.

5. You can sue in Small Claims court for up to $5,000. You do not need an attorney for Small Claims, and will have to appear yourself. Make sure that you do not file until after the time period under Civil Code 1719 expires. A Small Claims complaint must be served on the issuer of the check. This can be done by anyone over 18, who is not a party. I recommend usuing the local sheriff. The cost of filing and serving the complaint is recoverable.

Feel free to contact me with any questions. I deal with a lot of bad checks in my practice.