Legal Question in Civil Litigation in Michigan

non payment

we agreed to sell to a friend some tools for the sum of 14k, we agreed to let me take them, before actual payment, he did give us a check off his account but asked us not to deposit as he wanted to send us a cashiers check for a loan he was closing for a new business he was starting out of state we agreed. since then his deal fell thru and he has not started another at this point. My question is since I have the check if I deposit and the check comes back (which I know it will) account closed what is my next step, or do I have one. I have talked with him and he keeps tell me he is working on it. The bill of sale did state that a cashier check was due by March 1 2002. Thanks Glenn


Asked on 4/26/02, 7:50 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: non payment

The best thing to do, if your relationship allows it, is to file suit for the amount due or in the alternative, ask for claim and delivery. Claim and delivery is when someone holds some of your property and won't give it back. Since he fraudulently obtained the equipment, he should have to give it back. It's worth a try and you can do both in the same suit. If the judge throws out the claim and delivery, then you have the judgment for the amount due.

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Answered on 4/27/02, 8:05 pm


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