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Thelawman2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1386
Experience:  Licensed Attorney
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I received several checks as a payment. upon cashing the

Customer Question

hi, i received several checks as a payment. upon cashing the checks it bounced. I'm trying to ask the person to pay me but no luck. after having the brand new items for 2 months i ask for the items to be returned. she did but still refuse to pay the checks that bounced and the issued checks that covered the months that she was suppose to pay before she returned the items. she said she's not going to pay because she returned the items. i told her she got everything brand new and already used it, got the items with the intention of buying. the checks that was suppose to be cashed on the dates that the items are still in her possesion and bounced should be paid. if i bring this to small claims court will i have a case or I'm just waisting my time?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Thelawman2 replied 10 months ago.

While you probably cannot recover the full amount that was supposed to be paid, what you can recover is the difference between what they were supposed to sell for versus what they would sell for now. This is because the person has breached their contract, but you have an obligation to try to limit your damages if possible. Now if no one would ever be willing to purchase the used item, then you could potentially recover the full amount.