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Her check to pay me back was written 7/3/10. The money has never been in that account since! I think she moved her monies, b/c she gets a lot of auto deposits. She didn't close the account, mind you, just removed the money from it and the overdraft protection from it. BTW she is a realtor (in both Forest Park and CA), and I think they have some sort of personal standards to live up to, so maybe I can report her conduct?? Much as I dislike her, I don't want to go through a big hassle, just get my money! SHE lives in Arizona, I live in California. Her check has an Forest Park address on it, so if I sue her does it have to be in AZ, or can I do it in CA? She also made a statement on my voice mail that she would pay me back her son's debt to me of $15,000. Can I sue her for that too? Believe me I will never lend money again, but how do I get it now?
You don't have to sue her. You can take her to court & win but you still have the problem of collecting it. What she did was illegal. Go to your local prosecuting attorney/D.A and press charges. She will be arrested & taken to jail. She will have to pay you or spend more time in the pookey.
If you sue, it must be in Arizona, but NOT because of the address on the check. California courts don't have jurisdiction over a person living in Arizona. Suing for the $15,000 would be difficult in any case. First, it is above the limit for small claims court in most states. Second, contracts of that size must be in writing to be enforceable by the courts in many states. This assumes the voice mail would be accepted by the court as proof of the 'debt'.
Of course you can sue her, however you cannot sue her for the amount that her son owes you there are different jurisdictions for cases like this if you go to your local court house and file your claim the courthouse will tell you which circuit you need to be in.
Talk to her and give her one more chance to pay back the money, in cash or a secured bank draft, no checks. If she declines, then report her bad check to the police and file charges. As for her son's/your boyfriend's debt, that is an issue that should be settled between you and your bf, not her. Unless he has been incapacitated in some way and is unable to pay you back.
You can sue in small claims for the check she wrote you. I would think you can sue in CA. As for the 15k, that's much more than the small claims court would handle. You would have to probably get a lawyer to help you with that one.
If you have the check, you can do all kinds of things. You can report her to the police, but if she is in jail, she can't pay you. You can sue for the bad check in small claims court, but you would have to deal with the laws in Arizona.
What does your contract say about repayment?
Tell her the check didn't work she will write a new one that will work