Legal Question in Civil Litigation in California
I am suing a person for "Stop Payment" of a check in small claims court. I've sent a demand letter certified mail, however, I asked for her response within 5 days of receipt of the letter. Is it required by california law to give the defendant 30 days in the demand letter to respond? Will my "5-day" demand letter be accepted by California Small Claims Court as valid?
2 Answers from Attorneys
The response time is reasonable. One might question whether the 5-day timeframe is reasonable if you demanded payment within that time frame. Rather than just suing because of the stop payment, you might also sue for the value of the amount you're out of pocket, including the amount loaned or extended to the other person, and the stop payment costs, and any subsequent harm you faced because of it. The defendant might claim that the goods provided (if there were goods involved) were defective or that they never were received. Be prepared to prove to the court that they were delivered and were in good condition upon receipt.
If you seeking enhanced penalties or service charges pursuant to Civil Code section 1719, then you need to give them the 30 days provided by subdivision (a)(2). That statute does not provide for the demanding party to shorten the time frames for demand.