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How to file in another state/who to sue

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J

joninaz333

Guest
I live in AZ, but this action would take place in CA.

Here's my situation: I was moving from L.A. to A.Z. and advertised to sell a large TV for $600. I found a couple who wanted to write a check. I was reluctant to accept a personal check, but the buyer insisted she was a well-paid paralegal who offered to sign a promissory note to say the check would clear. Being in the moving stage, I trusted her. But of course the check bounced.

They claimed they were shocked, but have since claimed they were laid-off, fired, suffered family emergencies, etc. They promised to pay me in June, then July, Aug, Sept, etc. I've been cordial, but my patience has run out. The hubby seems to have found full time work. Not sure why a paralegal can't find a job in L.A.

Here are my questions:

1. They seem to be married, but have different names. Who should I sue? She wrote the promissory note, but he signed the bounced check and it is his name on it. Can/should I sue them both?

2. I have archived all of her notes indicating a willingness to pay. They have missed repeated deadlines. How many should I allow? We are now 4 months past due.

3. Since they have different last names, I'm not sure if they are married. Should I sue them both?

4. Can I file criminal charge for them writing bad checks?

5. What other damages can I claim? For example, I was expecting payment and thus charged things on credit cards which are now overdue. Can I add these overdue fees to my damage claim?

6. Since I'd have to fly in and stay in L.A. to appear in court, can I ask for these expenses to be added on to damages sought? Hotel? Airline?

Any other suggestions? I'd presonally want to resolve this out of court but am tired of the run-around. I can appreciate people running into hard times, but at the same time I get the shank as well.

Thanks in advance.... Jon
 


JETX

Senior Member
Personally, I wouldn't consider civil action yet. Giving a bad check is a crime. I would follow the requirements for California's bad check laws and consider going after them criminally first.

The steps involved can be found at:
http://www.co.marin.ca.us/depts/DA/main/dist/ConsumerPages/BadCheck.cfm

Start by making a copy of the check and sending it, with a written demand (see the above link for required contents) by certified RRR to the writer. Then, if they fail to respond as required, file a criminal complaint in their county. This can usuall be done by mail.
 

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