Sold $1600 of furniture and was paid with a bad check

Asked over 2 years ago - Long Beach, CA

I sold $1600 worth of merchandise (furniture) to a client he was a previous client of our store so when he told us that he was going to pay us with a check that his mother gave him we did not think much about it. We've deliver merchandise to his house before and we did not believe this check was going to bouse. Its been a week and he was out of town. Now he is back and he told us he was going to bring the money the whole day went bay and we have not seen him. I got a chance to talk to his mother and she said she never gave him a check. I shall add this was a check that bounsed because the checking account was close. He picked up the furniture and when we went a couple of days ago to his residence they told us he was out of town but the furniture is still in his house. What shall I do?

Attorney answers (3)

  1. Pamela Koslyn

    Contributor Level 20

    3

    Lawyers agree

    Answered . See the link below for LA's bad check program.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    Answered . In California, writing a check without sufficient funds may be a crime. If you believe you were a victim of criminal conduct, you should bring the matter to the attention of the police department, sheriff's office or the district attorney in the county where the alleged conduct took place.

    California Civil Code section 1719 allows the receiver of a bad check to recover three times the amount of the check, up to $1500, in civil court if sufficient notice is mailed or delivered to the person who wrote the check. The damages are in addition to collecting the value of the check and they could include court and mailing costs.

    If you have further questions regarding available civil remedies, consult a private attorney.

    In Los Angeles County, see also:

    http://da.lacounty.gov/badcheck.htm

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Susan Kathryn Ashabraner

    Contributor Level 13

    2

    Lawyers agree

    Answered . The California Courts website offers a sample bad check demand letter: http://www.courts.ca.gov/11151.htm.

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