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Home > Law > Small Claims   »   Can I take Action?

 
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Old May 9, 2008, 02:03 AM
Jimmmmmmm
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Can I take Action?

I did some engine work for a company that went belly up resulting in two bounced checks totaling 1,300.00. I know the owner of the boat that had the work done to it. Can I sue the boat owner for money?

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Old May 9, 2008, 02:47 AM   #2  
Clough
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I think that it would depend on what you mean by "belly up." Did they file for bankruptcy?
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Old May 9, 2008, 03:11 AM   #3  
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Quote:
Originally Posted by Jimmmmmmm
I did some engine work for a company that went belly up resulting in two bounced checks totaling 1,300.00. I know the owner of the boat that had the work done to it. Can I sue the boat owner for money?


It depends on a couple of factors - was your agreement with the company or the individual? How was the company formed - corporation, d/b/a? When you say "belly up" was it a bankruptcy or did the company "just" close its doors - ?

It sounds like maybe you subcontracted for the company to do some work on a boat, that company has gone under and now you want to file against the boat owner - I'm not sure you had a direct connection to the boat owner.

Afraid I (at leat) would need more info.
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Old May 9, 2008, 05:11 AM   #4  
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Thanks for the response. The company that wrote the checks leased space from the owner of the boat who owned the marina. They traded rent for modifing the boat. The third and last check came from the boat owner. The boat owner knew they were in trouble because of the back rent. He(boat owner)made sure I got the final check before the bad ones hit my bank The checks from the company were stamped restricted account which I guess that means money could be deposited but no checks paid. The company was shut down by the feds. I tried to negociate with the boat owner, nada.
Meantime he bought a new lamborgini (which means nothing to the case) but still chaps my as. Jim
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Old May 9, 2008, 06:58 AM   #5  
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Quote:
Originally Posted by Jimmmmmmm
Thanks for the response. The company that wrote the checks leased space from the owner of the boat who owned the marina. They traded rent for modifing the boat. The third and last check came from the boat owner. The boat owner knew they were in trouble because of the back rent. He(boat owner)made sure I got the final check before the bad ones hit my bank The checks from the company were stamped restricted account which I guess that means money could be deposited but no checks paid. The company was shut down by the feds. I tried to negociate with the boat owner, nada.
Meantime he bought a new lamborgini (which means nothing to the case) but still chaps my as. Jim


I would say if the boat owner paid some of it directly he has admitted to knowing the work was done and ratified the debt and, yes, you could pursue him in Small Claims Court. I think it's worth the time and trouble because apparently pursuing the company would be waste of time.

A Lamborghini, you say?
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Old May 9, 2008, 08:55 AM   #6  
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I would add that writing bad checks is a crime.

The checks were not post dated were they?

You didn't agree to "hold" any of the checks did you?

Our County Attorney is VERY aggressive in the collection and prosecution of bad checks.

Make good note of the account numbers on any checks you have, this will come in very handy if you are awarded a judgment.

Check the bad check laws in your area, where I live, anything over $500.00 is a felony!

Best of luck to you!
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Old May 11, 2008, 03:19 PM   #7  
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Quote:
Originally Posted by progunr
I would add that writing bad checks is a crime.

The checks were not post dated were they?

You didn't agree to "hold" any of the checks did you?

Our County Attorney is VERY aggressive in the collection and prosecution of bad checks.

Make good note of the account numbers on any checks you have, this will come in very handy if you are awarded a judgment.

Check the bad check laws in your area, where I live, anything over $500.00 is a felony!

Best of luck to you!

The checks were not post dated and I didn't agree to hold them. The two checks technically did not return NSF, the account was "restricted" and I'm guessing the feds did that.
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