[Dimples26]

I own a house and have a roommate that I charge $500/month total. She is supposed to pay me every two weeks when she gets paid in the amount of $250 each time. She wrote me a check on August 13 for $500 and asked if I would give her $250 back in cash since she doesn't have a bank in the area. So I withdrew $250 the same day and gave it to her and deposited the check for $500 on August 21. On September 2, I get a notice from my bank stating it was returned for insufficient funds. They issued a substitute check to me, but I have not cashed it at this point. When I called her bank last week they stated there were not enough funds available at that given time in her account. I gave her a notice stating she has 10 days to come up with all of the monies owed which is now $1010. She still has not paid me for the payment that was due two weeks ago, and now another payment is due today. I told her yesterday that I would be stopping by the house after work for the money order, but have not heard back from her. She originally told me that she would be able to give me $600 today. Do I wait until tomorrow and if she doesn't have it there, at that point attempt to cash the check? I did call her bank today and they did state that the funds are available. I also told her that she has 30 days to be out if she cannot come up with the full $1010 that is owed. I just want to make sure that I'm taking the right procedures if I do end up taking her to small claims court. We only had a verbal contract.

[DownUnder]

You should always get a WRITTEN contract
Because it will then become a matter of who said what and if you go to small claims court the judge would want to see a wriiten contract.
I say if the funds are there for the first check cash it and go from there