Help Please - Issue With Client & Possible Check Fraud / Contract Breach

[kalvarez]

Great, thank you! Found the template.

 

[zddoodah]

When we file for small claims, do we put just the check amount or do we ask for punitive damages in the initial filing if fraud is found?

You can't get punitive damages in small claims court. However, if you had read Civil Code 1719 (to which I provided a link), you'd know that you may be entitled to treble damages, which you can get in small claims court.

 

[kalvarez]

Does notifying the client's real estate broker have any bearing on anything? Is there any point of notifying the broker of any pending litigation?

 

[zddoodah]

Does notifying the client's real estate broker have any bearing on anything? Is there any point of notifying the broker of any pending litigation?

No. If I were the broker/agent, depending on my mood, you'd get one of the following responses: (1) I'd ignore you; (2) I'd ask, "and this matters to me because...?" or (3) "I acknowledge receipt of your notification. However, in the absence of a properly perfected judgment or other lien or service of a writ of execution or attachment, your allegation that Mr. JoeBlow owes you money is of no legal relevance to this transaction."