Bad Check Demand Letter Question ~ Did I mess up?

I had a client put a stop payment on a check. He put off speaking with me about it for a few weeks. Then we had a sit-down meeting. It was friendly. He agreed to make good on the check in the next week.I had already drafted a demand letter to mail to him certified return receipt. But since our meeting went well, I decided to hand him the letter in person so we could talk about it and the relationship wouldn’t be totally ruined.I had him sign a copy of the dated demand letter so I would have proof he received it that day. Did I ruin my chances for suing for damages by not mailing?

Asked on May 29, 2009 under Business Law, California


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No if he acknowledged receipt than you should not have any issue with proceeding for damages. I am not licensed in CA but on average a situation like this does not require anything mailed, in fact in person delivery ensures they did receive it as opposed to mail that does not

If you decide to proceed you would be best off hiring an attorney who can handle the matter, both the issue with a bad check and the funds for which you are due that the check was meant to cover. Oftentimes an attorney can handle both matters simultaneously for just a contingency fee meaning no money up front from you

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