Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Can you tell me what state you are in?
Are you the landlord?
Is the account closed or were there just insufficient funds?
Is the tenant still living in the rental or have you evicted them?
Ok, this was listed in the Landlord/Tenant category so that confused me..
If you received a bad check, then your options depend on whether the person who gave it to you knew it would bounce or not.
If they did it intentionally and knew that it would bounce, then that is check fraud and you could file a criminal complaint and see if the DA would prosecute them for a crime.
But if they didn't know it would bounce, and thought they had enough money, then your recourse is to sue them in court for breach of contract for the amount of the check and your court costs. This would be over the small claims court limit of $10,000 so you would need an attorney to file suit in a higher court and represent you.
Yes, if you feel that this was intentionally done on the part of the person who gave you the check, then yes, this would be a criminal offense and the DA could file a charge after you filed a criminal complaint..
Do I need an attorney to file a complaint with the district attorneys office or can I wait till after.
No, you can file a private complaint personally.
This person is a California contractor well driller can I lien his bond for the money do I have any recourse through the state contractors board?
You would have to file suit against him and get a judgment before you could lien anything. And if this wasn't related to his well drilling activities, then probably not.