Legal Question in Business Law in Georgia

I have a HUD loan, included in this loan was money to make house repairs. The contractor started the work then ran off with the 1st check. I had to make repairs out of pocket. The bank sent me the final check but its made out to me and the contractor. I have sued the contractor in small claims court and through the sec. of state(his corp). I cant find him and he didn't answer the suit. How can I cash this check?


Asked on 10/13/10, 8:37 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Bring the check to court with you and ask that the judge issue an order allowing you to deposit the check in your bank account as part of his ruling. You did the right thing by going to small claims court to get the first check back.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/18/10, 8:55 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Absent a court order you can't. You can ask the judge if he will sign an order allowing you to deposit it.

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Answered on 10/18/10, 9:11 am


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