Ask a Lawyer and Get Answers to Your Legal Questions
Thanks for your question and good afternoon.All counties in California have hot check departments in the District Attorney's Office.Usually they want you to send a notice to their last known address giving them 10 days to make the check good and stating that you intend to turn it over for prosecution unless full payment is received.If you do not receive payment then you can file your complaint and they will pursue this for you.
It is possible to sue someone in small claims but you have a much better chance of collecting through your District Attorney.All the counties have a web page here I am giving you a sample for Orange County.
They will prosecute the person and you have a better chance of getting your money as part of restitution.If you sue them civilly in small claims you can get a judgment but in most cases they are deadbeats and it is impossible to then collect the judgment.
Overall by filing a complaint with your county DA you have a much better chance of collecting the debt.
It also has the effect of prosecuting them too since it is a crime to write such a check.
Do I have to still be living in California to sue him?
I moved to Texas few months ago
No you do not.See if you can get them prosecuted by filing a complaint first.Usually you can do this by mail with the DA here.
Here is small claims just in case.
I wish you good luck here.I appreciate the chance to assist you today.Please let me know if you have more follow up.
do you know how long I have after I received the returned check to sue?
They usually want you to send letter and then if you aren't paid then file a complaint to prosecute it.
how do I prove that I have sent the letter?
Send certified mail and keep copy of the letter you sent.Usually they will want you to send them a copy of all of this.
You have four years to sue on breach of contract if you had too in small claims.
Reference to that..
I am so sorry you are having to go through all of this.I am sure it is frustrating when you tried to help them.
You have a real good chance of collecting this through the DA.They usually extract fees from the other party here so they very much like to take these cases and get their funds too.
Thats why all the DAs have web pages here trying to get folks to prosecute checks.
I wish you good luck with this.
So I can mail the claim to the DA in California right?
I appreciate the chance to help you today.
You are welcome.If you can leave a positive rating it is much appreciated.Have a good weekend.
I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.
This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.