Legal Question in Civil Litigation in Washington

Small claims court

I am being taken to small claims court over money that I withdrew from my bank account. I had started working online and collected a payment from a client. I deposited the check in the bank and they gave me a statement showing when the funds would be available. So, when the funds were available, I withdrew and sent money elsewhere as instructed by employer. Now the bank is saying the check was counterfeit and I have to pay back the money. I have all emails from the company and the report done by investigators. I have the form my bank gave me stating when the funds would clear. What else am I going to need? I know that I can't have an attorney present, so any information you could give on how to prepare for this, would be greatly appreciated.


Asked on 11/24/06, 6:24 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Small claims court

So, who exactly is taking you to small claims? Cannot be the bank, as they have to be represented by an attorney.

This is a negotiable instrument question. How exactly did you learn that the funds had cleared into your account? There should be a document showing that as well as the one that says when the funds "would be" available.

You are a holder in due course, and the bank's recourse is against the maker of the instrument. (That's your defense).

You are right that you cannot have an attorney, but neither can they. If they lawyer up, you can (and should) demand the suit be dismissed and re-filed in District Court where you can have a lawyer.

Don't let the bank argue that they are somehow allowed to be represented by a non-lawyer, that is completely incorrect.

Hope this helps.

Powell

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Answered on 11/24/06, 9:24 pm


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