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Ellen
Ellen, Attorney
Category: Business Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Hi. I have a friend who owes me $2,700. he wrot me a check

Customer Question

Hi. I have a friend who owes me $2,700. he wrot me a check of $400 as initial payment. his check bounced. It's been 6 mos already and he's not making any effort to pay me back. he goes to casino and goes on grand vacation in places like Vegas be he does not make any effort to pay me. he does not answer my call or even return my call to give me explanations. I talked to his wife and she attested about her husband's gambling habit. spending money left and right. Do I have a case against him? I have the bounced check as an evidence. By the way the check was in his wife's name.
Submitted: 6 years ago.
Category: Business Law
Expert:  Ellen replied 6 years ago.
Hello,

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

You may file suit to collect the money that you are owed. Since the amount of your claim is under $7500, you may file your action in small claims court. It is not necessary for you to retain an attorney to file your action in small claims court.

Here the forms that you will require:
http://www.courtinfo.ca.gov/selfhelp/smallclaims/fillyourforms.htm
At this link you will find a pulldown menu. Select the County in which your friend resides from the pulldown menu and you may complete the forms.

If you would like additional details concerning my answer, please click REPLY and I will be happy to respond. Otherwise please click ACCEPT so that I am paid by the site. Do not click relist as it will delay my response.
Customer: replied 6 years ago.
Do I have a case against him? What is the probability of me getting back my money legally? can the court order him to pay me?. If he won't pay, will he go to jail? The bounced check was his wife's, can I use that against him as evidence?
Expert:  Ellen replied 6 years ago.
Thank you for the opportunity to clarify.

Do I have a case against him?
Yes. You may file in small claims court as described.

What is the probability of me getting back my money legally?

You have a high likelihood of obtaining a judgment against the person

can the court order him to pay me?.
yes--the court order to pay is called the judgment

If he won't pay, will he go to jail?

No but you may attach his assets for payment

The bounced check was his wife's, can I use that against him as evidence?

yes

Please remember to click accept so that I am paid by JustAnswers

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