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Lawmoe
Lawmoe, Lawyer (JD)
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I have a $4000 NSF check which was written by the owner of

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I have a $4000 NSF check which was written by the owner of the Assisted Living Facility in which my father-in-law died. She owed us $1000 for a refundable deposit and $3000 in unearned rent. He died on December 4th, 2009. Ever since, we have attempted to collect the funds owed to his estate. At the end of January, 2010 she wrote a $4000 check to cover the amount due, however there were never funds available to cover the check. We have sent certified letters and made phone calls to her requesting she make good on the check. She promised she would pay us on Monday, March 1 and call us with a location to meet her at and again we never heard a word from her yesterday. What call we do to collect this money? Can I file legal action against her?
Submitted: 4 years ago.
Category: Legal
Expert:  Lawmoe replied 4 years ago.

You must file a case against the entity with which you had your contract which is likely the business name of the Assisted Living Facility. You may file your lawsuit in small claims court, which handles cases where the monetary amount in controversy is less than $15,000.

 

In such a case, you would be the plaintiff. The person or business against whom the claim is brought is called the defendant.

 

You would file a statement of claim, or a claim. The statement of claim should include the following:

  • The complete name, address and phone number of the plaintiff (and his attorney, if he has one.)
  • The complete name and street address of the defendant.
  • The damages, or the amount of money or property the plaintiff is seeking.
  • A brief statement explaining why the defendant is being sued, including the date(s) of the underlying incident(s).
  • Copies of all relevant documents, such as contracts, receipts and canceled checks. (Keep the original documents for your files.)

If the defendant is a person, the claim must be filed in the county where the defendant lives. If the defendant is a corporation, the claim must be filed in the county of the registered agent for the company. Contact the Corporations Division of the Secretary of State at(NNN) NNN-NNNNto find out whether a business is a corporation and, if so, the name and address of its registered agent.

 

There is a filing fee to file your case in the amount of approximately $45 to $55. The clerk of the magistrate court in the proper county in Georgia can assist you with the necessary forms.

 

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Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience: Lawyer with 19 years of litigation experience in state and federal court systems.
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Lawyer with 19 years of litigation experience in state and federal court systems.