[kagatan]

OK I'm going to try to explain the best I can and ill do spell check too

Here we go a friend introduce me to a guy that rehab houses this is a good friend since grade school I don't think he know this guy long we will call this guy carl I looked at a house for him and gave him a verbal quote of 21,000 to rehab the house I started the work and got my installments of 3,000 3,500 1,000 9,000 and I pay materials out of that anount I didn't not finish all the work cause he didn't have to pay the rest of the materials he just start paying when I go to the hardware store 400 at a time which made it hard to finish the work I needed so I put 1000 of the money I made on the job into the job for the pluming and some other elecitral parts I install all the matuals on the job site he ask me to do other jobs on the jobs site cause other guy didn't show so I install the carpet and some other things I don't finish them cause he don't buy all I need and I want to get a draw on the jobs so I can pay my guys carl wrote me a check for 3,800 on 4/2/08 and I find that I cannot cash it in the frist week so I stop working and call him he say that he is behind in money and he will have to depsite the money and he will have the rest of the material on the job the next wedsday so I wait cause he pay me for the other work and I got no choice right that Wednesday pass and I call him to get the work done and the rest of my money he never answer the phone for a couple of weeks when he answer he just stall me so at the third week I call him and leave message that I will press charges one him for a bad check all this time I try to see if I can cash it I never deposit the check cause it might bounce he call me back right after I leave him the message I mean fast like two seconds and he give me some story about his partner coming down from new your or dc to look at the house I just ask him to pay me what he owe me he say he will write me another check for the remander of what he owe me and will call me when its ready so wait for him to call me he never call me and never answer his phone he just weast my time so I go to the court house as soon as I have the time about a week latter they tell me I need to find the agister and other thangs cause it's a company check and I have to sue the company I wonder if I can sue him so today I just deposite the check in my account it might bounce but you never know the date is 5/22/08 if it bounce they will charge me a 15.00 fee I'm wondering what I should do from here if it bounce of if he close the account or stop payment I will find out in couple of days what happen just wanted some advice on this matter

Thanks for your help

Well I couldn't spell check so please bare with me thanks

[LisaB4657]

Well, the spelling wasn't too bad but you might want to consider some punctuation in the future. :)

You should be able to file a mechanic's lien on the house so that it can't be sold or financed until you get paid. Then you should consider pressing charges for the bad checks. The best thing to do would be to speak to an attorney to find out all of your options. You should be able to get a free consultation.

[progunr]

You will have to wait for the check to be returned to take any action.

If it is returned non-sufficient funds, you can contact the county attorney in your jurisdiction and press criminal charges for the bad check. The amount of this check should make it a felony.

My CA charges a fee of $10 to process the bad check.

The County Attorney will send a notice to the company, giving them a set amount of time to pay for the bad check, or face criminal prosecution.

My guess is, as soon as the company receives the notice from the County Attorney, the check will be paid, and the County Attorney will send you your money.

One word of advice, DO NOT accept any type of partial payment on this bad check!

If you do, you have converted the bad check into a loan, with a payment plan, and you won't be able to prosecute on the bad check.

[ScottGem]

In reading your post the first thing that came to mind is mechanics lien. You can file one yourself and should do so immediately. Just go down to the county clerk and ask how. You can then sue him for what he owes you plus NSF check fees and other expenses.

[DBmtgprocessor]

I agree with Lisa. There are very specific rules on how to collect on a bad check so an attorney would be the best way to go. In addition the information can be turned over to the local authorities since writing a bad check is against the law and they can prosecute. If you filed a notice of commencement before you started work it would put a cloud on the title also if he tries to sell or refinance.

[twinkiedooter]

You could have taken the check to his bank and asked if the funds were available for the check to properly clear. If the check was made out to you personally you could have cashed it then and there versus depositing it in your account. Now you're going to have to wait and see if it clears or not.

[Fr_Chuck]

1. Most, if not all legal action will require you presenting the check for payment and have it refused. I will agree best bet is to take it to his bank and ask for payment, if it is bad , have them stamp it as such

2. Sorry the post sort of went on and on esp with no periods, comma or with no paragraph. But depending on how much the check is for you take it to the DA and have charges pressed

3. And the issue if he is perosnally liable will depend if the business is private owned or if it is a corporation