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Do I have to demand for payment again before I sue?

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stuffstolen

Junior Member
What is the name of your state (only U.S. law)? Virginia

I am reading the "Everybody's Guide to Small Claims Court" 12th edition and I had a quick question hopefully someone can provide some guidance on:

I will be suing Defendant X for breach of contract for which I have a signed bill of sale in that I gave the defendant x personal property in exchange for a check of payment for XX amount.

The defendant wrote me a fraudulent / stop payment check so he obviously had bad faith in regards to the contract. (He also used a fake number that stopped working the next day, fake e-mail, etc)

I sent a certified letter demanding payment to the address on the check but unfortunately it was returned to me as the company of the check was out of business. (this was back in March when the breach occured).

Is that enough to consider demanding payment before I file suit?

Or do I need to send a new letter demanding payment to the recent address I received of the defendant and will be using to file suit against him?

I don't know if I can mention this in small claims or not but the defendant and I did 'meet' in criminal court as far as being in the same place but neither of us spoke to each other.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Virginia

I am reading the "Everybody's Guide to Small Claims Court" 12th edition and I had a quick question hopefully someone can provide some guidance on:

I will be suing Defendant X for breach of contract for which I have a signed bill of sale in that I gave the defendant x personal property in exchange for a check of payment for XX amount.

The defendant wrote me a fraudulent / stop payment check so he obviously had bad faith in regards to the contract. (He also used a fake number that stopped working the next day, fake e-mail, etc)

I sent a certified letter demanding payment to the address on the check but unfortunately it was returned to me as the company of the check was out of business. (this was back in March when the breach occured).

Is that enough to consider demanding payment before I file suit?

Or do I need to send a new letter demanding payment to the recent address I received of the defendant and will be using to file suit against him?

I don't know if I can mention this in small claims or not but the defendant and I did 'meet' in criminal court as far as being in the same place but neither of us spoke to each other.

**A: don't you know where the defendant works and lives?
 

stuffstolen

Junior Member
I have no idea where he works / if he has a job.

I just recently acquired his new address (me moved around a lot, and is now living with in-laws).
 

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