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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I commissioned a diamond dealer to sell some jewelry for me

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I commissioned a diamond dealer to sell some jewelry for me back in December 2011. I was informed that he sold the jewelry in April 2012. I received a check for 1/2 of the amount in April 2012. I received a check for 1/4 of the amount in July 2012. I am now trying to collect the last 1/4 amount by making phone calls to the jeweler. I received a check for the final 1/4 amount in December 2012; however the check was returned for non sufficient funds, and my bank charged me $10.00. I have I received a check for partial payment the end of March, deposited it in my account and learned today that it was returned for insufficient funds. My husband placed a call to the jeweler today and was told that he was sorry and would send another check right away. He stated that he would make payments until it was paid in full because business was slow. It has been a year since he sold the jewelry; yet I have not received the money, and would like to know what to do. This is in Florida; should I send a certified letter demanding the money and should I ask an attorney to help me collect?
Hi,

Thank you for your question.

Are you in the same city as the jeweler?

How much is the outstanding amount owed?

I look forward to hearing back from you.

-ZDN
Customer: replied 3 years ago.

No, jeweler is in Miami, I'm north of Tampa, FL.
$7,195 owed


 

Thank you for your response.

The fact that the jeweler is bouncing checks is troubling. First of all, if you sue him the question will be whether there is anything to collect. You could always obtain a judgment and seize some of his inventory to sell at auction.

Because the amount is over $5,000, you will be required to file suit in county or district court rather than in the small claims court. This means it would be best to hire an attorney to do the claim.

Further, since the jeweler is in Miami, it would be easier to hire an attorney from Miami to handle the claim for you.

Before spending the money to hire an attorney, I agree with you that a certified letter setting an absolute deadline and stating that if payment is not made by a certified check then you will hire a lawyer and sue the jeweler.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further working together on your questions.

Best Regards,
ZDN
TexLaw and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Should I send a cc of the letter to anyone in the court system, i.e. State's Attorney Office? or do I wait until the 7 days has elapsed before contacting the States Attorney Office?

The Attorney General's office is not likely going to help you in this situation, as there doesn't sound like there is "intent to defraud" which is what you have to establish for a hot check to become a criminal matter.

So, no need to CC anyone. The letter simply needs to give the jeweler one last chance.
Customer: replied 3 years ago.

ok, thank you.

Your welcome. Please remember to rate my answer!

Best Regards,
ZDN

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