Legal Question in Real Estate Law in California
verbal agreement to destroy check, but was then cashed
I felt bad for only giving my roommate two week notice that I was moving out,so I gave him a check for next months rent(boyfriend was to stay there)because I didn't think he could cut it, but roommate found a place to live.I told him to destroy the check.A 1 1/2 month later he cashes the check because of $100 dollars I owe him.The check was in the amount of $475.He overdrew my account into -$618,& refuses to return the money because my boyfriend insulted him. Do I have a fighting chance? If I do can I hold him responsible for the four NSF fees of $21 dollars that the deposited check created?
1 Answer from Attorneys
Re: verbal agreement to destroy check, but was then cashed
One never knows how something like this will play out in small-claims court. Since the only hard evidence is, very likely, the check itself, my guess is the court will infer that it was written to pay some kind of obligation and, there being a lack of evidence that you're entitled to reimbursement, you'll get no relief. Adding to this is the fact that someone who writes a check and then later believes they should not have done so has the easy cure of stopping payment, which you failed to do.
Again, I can't say you couldn't win in small claims court, but I'd bet on the other side. Further, if you do win, you may have difficulty collecting on your judgment.
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