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Airbnb Holding My Money | client's check bounced after delivery

Started by will_b_32 · Oct 29, 2023 · 1,626 views · 2 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
WB
will_b_32 OP

I'm in a difficult situation and trying to figure out my next steps.

client's check bounced after delivery. I've been dealing with this for about 12 weeks now and the situation isn't improving.

What are my legal options here? Is it worth pursuing?

ME
MediatorPaulR_20

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

CA
ctrl_alt_defeat_2

Do NOT self-repossess. Unless your contract has a specific repossession clause (and even then, it's risky without a court order), going onto someone's property to take back goods can result in trespassing or conversion claims against YOU.

Your options, from cheapest to most aggressive:

  1. Bad check demand letter — most states have bad check statutes that allow you to recover the check amount + damages (often 2-3x the check amount) + attorney fees. Send a formal demand letter citing your state's statute. In many states, this is a prerequisite to filing a bad check claim.
  2. Small claims court — if the amount is within your state's limit ($5K-$12.5K depending on state), this is fast and cheap.
  3. Criminal complaint — writing a bad check knowing there are insufficient funds is a crime in every state. Filing a police report may motivate payment.
  4. UCC remedies — as an unpaid seller of goods, you may have rights under UCC § 2-702 to reclaim the goods, but there are strict timing requirements (10-day demand after delivery on credit).