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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39031
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I sold my house in California and made an agreement with the

Resolved Question:

I sold my house in California and made an agreement with the buyer for her to buy some furniture. She paid with a personal check, then when I deposited the check after moving east, she stopped payment. Is this fraud? How do I proceed to get the agreed upon payment?
Submitted: 8 months ago.
Category: Real Estate Law
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
My phone number is(###) ###-####
Expert:  socrateaser replied 8 months ago.


I am a member of the State Bar of California, the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), and the California and National Associations of Realtors.

Contact the sheriff's department in the county where the buyer resides (presumably where your house was located). Tell them that the person issued a bad check to you. The sheriff will threaten to arrest and prosecute unless the money is paid immediately.

The law requires that the person who issued the check intend not to pay at the time that the check is tendered for payment. Usually, the proof is that the account is overdrawn on the same date.

If the sheriff's office declines to get involved, then you'll have to sue the person -- which probably won't be worth it, unless the amount in controversy is more than $10,000 (greater than California small claims court jurisdiction). You can't sue in NC court, so unless you're planning to return to California or hire a lawyer to represent you in court, then you may have to "throw in the towel" -- again, assuming that the sheriff won't get involved.

If you need more personal attention than can be provided in this public forum, I can send you a premium services offer, so as to provide my contact information, and we can take the discussion offline into a confidential setting. Please let me know if you're interested.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 8 months ago.

Do you have a follow-up question or are we good to go? Please reply, thanks!

Customer: replied 8 months ago.
Not satisfied with answer, Police in Banning said this is not a criminal matter. Didn't know why a lawyer would direct me to call them. I don't feel this advice is worth 40 dollars. As soon as I got my payment information into the system all I saw where ads; had to hunt to get your comments. I definitely will not use this site again based on this experience, however since you did give me an answer I'll commit to pay 10 dollars and no more. Is this acceptable?
Expert:  socrateaser replied 8 months ago.

The police/sheriff do this sort of thing all the time -- which is what I said might happen.

I regret your dissatisfaction, and though I believe you are substituting me as a proxy for your true adversary, I don't want your money, unless you're satisfied.

I'll ask customer service to refund your payment in full. Happy New Year.