Legal Corner

Bounced check
nobody 19549 reads
posted
1 / 8

After bouncing a check and sending repeated emails promising to pay, isn't a client subject to small-claims action to recover fees not paid an escort?  Or is there an assumption that anything illegal took place (thus voiding any binding payment contract), even without proof of anything illicit?

If there is an attorney in the room, please advise...I'd like to have a lawyer fly out and sue the crap out of this guy on my behalf, even if it costs more than it's worth.  But only if I'll win. :)

marybeth 15609 reads
posted
2 / 8

move on,,, i had someone do that to me ,,,they did a major scam  i would not accept a check  only a direct deposit in my account for a calender photo shoot,,they scammed by taking acheck forging my signature  deposited to my account (they must have known someone at the bank)  no hold so when i called to verify funds ,,the teller said yes a cash deposit... three days later my account was wiped out to a negative..i am in collections  cannot even have an account for 5 yrs  reported it to the fraud  dept just to clear my name they denied my claim,,,,police did not care did nothing  i went small claims,,, the person did not show up  ,and my case was thrown out (they said it was too far for the other person)  so no matter what only take  real CASH ,,next time say you haved been screwed too many times... do not have pity

Girlfriend 17081 reads
posted
3 / 8

I'm pretty sure you would have to reveal your full real name when filing the suit.  Up to you whether it's worth it or not.  Bummer.  Cheats suck!

marathon41 14 Reviews 17756 reads
posted
4 / 8

A contract is unenforceable unless if it is for an illegal purpose. Nevertheless, I doubt the person who bounced the check will show up in court to defend the suit given the nature of the transaction. You may have to explain to the judge what the services you provided were for, so think of something imaginative and legal. For example, tell him you loaned the guy money and he paid you back with a bogus check. Since it is illegal to write a bad check, the judge hearing your case probably will not be that interested in the nature of the transaction. Once you have the judgment you can enforce it. I doubt this guy will want to have to explain to his wife or his girlfriend why there is a judgment pending against him. Different jurisdictions have varying amounts you can recover in Small Claims Court. For example, in California the limit is $5,000. You should be able to access the Small Claims Court in your area by logging on to its Web site. It should tell you the maximum you can sue for. You should also see if your State provides for penalties for writing a bad check. Many states allow the victim to collect double or treble damages. Good luck and next time, insist on cash.

marybeth 20913 reads
posted
5 / 8

no no no ,,you would be opening a can of worms you are crazy to  pursue,,, the guy can annonmysly  make a call to   to LE accussing you of a lie....that is all they need  and to fight the alternative   is way worse...cut your loses move on and be thankful  are not dealiong with LE...remember LE needs exactly NOTHING to arrest and prosecute,,and they win 98% of the time,,with no evidence,,,move on and don't make that mistake...again

lapdnce 4 Reviews 18634 reads
posted
6 / 8

sec. 1719 chapter 522 cal. civ. code 1983 any person who writes a check whick is dishonored for lack of funds is now vivilly liabla and can be sued for 3 times the amount of the check or $100.00 whichever is greater- in addition to the face value of the check, court cost, attorney fees and service costs.

bad check writers also face criminal penalties.

hope this helps. I own my own cellular store and that's what i have posted which is california law.

whatchatalkinaboutwillis 18526 reads
posted
7 / 8

You must be an idiot to give advice like that. Lying in court is a crime - perjury. Trying to collect on a bounced check by committing perjury is just plain stupid. Here's advice that is worth its weight in gold: Don't take checks for illegal activity.

marathon41 14 Reviews 17177 reads
posted
8 / 8

I suggest you change your name to John Ashcroft. If you want to pimp for LE do it somewhere else. How dare you question this woman's ethics for being an escort when you are the other side of the equation. As for your concerns about perjury, since our previous President of the United States, who was also a lawyer and a law professor, had no qualms about repeatedly perjuring himself during a deposition, is it fair to impose a different standard on ordinary citizens? I think not.

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