VERY messed up situation, please help!!!

This happened to me. Met a buyer she paid with a check. I called her bank to verify funds were in the account prior to me giving her the bag they were. I cashed the check it came back NSF. I then took her to small claims court without an attorney. (I went to the free legal advice and they helped me fill out all the paperwork.) It cost very little to file, maybe $60. I had the sheriffs office serve her the papers. She didn't show up in court, I got a default judgment. In California you can sue for three times the cost of the check plus the service fee your bank charged you. Her check was for $800. I sued for $2435. The court allows them 45 days to pay the judgment, she didn't pay. I used a skip tracer to find out her place of employment, assets, etc. I then did a wage garnishment using my default judgment and was paid every month directly from her employer. She lost her job when she owed me about $300 more. I decided not to pursue it further for the $300. Its a lot of leg work but well worth it. My small claims court required me to send a certified letter giving them 14 days to give me the money and then after the fourteen days I was able to file in court. Make sure you save all paperwork, emails, certified receipts, notice of service, etc. Hope this helps.

Thanks for sharing this experience - it's definitely encouraging! I thought court is actually a pretty much dead end for petitioners like me....
Right now, I just deposited her check to my bank and waiting for it to bounce - see what happens. I will keep you guys posted - thanks a lot for all your input!! Yet again, TPF rocks!!!:yahoo:
 
I would start a formal, paper trail with this buyer immediately with the intention of taking her to small claims court. Once you find out what happens with the check, I'd suggest you send a certified letter to her home or business so you can confirm receipt, letting her know that she owes you $1000 and if she doesn't pay within 7 days of receipt of the letter you plan to take her to small claims court.

I have been to small claims court in NYC twice and you do not need an attorney, that's what small claims court is for. I'd google small claims court in your state and look at the paperwork immediately to see what you need to submit a claim. It's usually very easy & fair and I'd think that the original check with the total amount will serve as sufficient evidence of the agreed upon purchase price.

GOOD LUCK
 
I'd wait until the check bounces then send her a letter advising her that pursuant to state law, you are going to pursue her in small claims for 3x the amount of the check in damages (or whatever your state law allows).

Alternatively you must receive payment in full, in cash, within 10 ten days if she does not want you to pursue your legal remedies in a court of law.



Send the letter to her residence AND to her business address.

Bet you hear from her real quick.