Legal Question in Credit and Debt Law in New Jersey
Check Fraud
I had artists perform at event which was agreed to receive payment through a non-profit 501c3 company. Without notification this company stopped payment of checks to artists. I have made numerous attempts to resolve this for the artists but to no avail we have not been successful. It has been over six weeks and sept 19, 2004 was the 35th day. We have sent mail advising them to respond. But the only response we get is threats of litigation from this non-profit to my company if this gets out to the public. We have done everything we possibly can due what do you suggest be our next step.
2 Answers from Attorneys
Re: Check Fraud
You need to retain counsel immediately. It is not clear what your relationship is to the "artists" who provided the services. They and/or you may have causes of action for breach of contract, etc. I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
(*Licensed in New Jersey, Maryland, and Dist. of Columbia)
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
Re: Check Fraud
The artists need to sue. There is a very simple method for accelerated judgment on a hot check, but it requires either that you have an attorney or that you have more knowledge of legal procedure than 99% of lay people. It's called a motion for summary judgment in lieu of complaint. Going to small claims court is just about as straightforward. Your case is that you received a check, the check bounced, therefore (unless the maker of the check has a defense) you win the case, full stop.
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