So, I settled with the director of an acupuncture clinic for $3,000 after an incident where they left needles in my back and forgot about me. But now the check he gave me bounced, even though he had me sign a cease-to-desist letter to get the refund. What can I do legally in this situation?
That sounds rough. Since he didn’t actually pay, the agreement might not be enforceable. You could file a small claim if you’re in NY.
Brady said:
That sounds rough. Since he didn’t actually pay, the agreement might not be enforceable. You could file a small claim if you’re in NY.
Good point! Small claims in NY can go up to $5,000, so you’d be within the limit. Might be worth a shot.
Brady said:
That sounds rough. Since he didn’t actually pay, the agreement might not be enforceable. You could file a small claim if you’re in NY.
I think if he broke the agreement by not paying, it’s not valid, right?
If you recorded your conversation with him, you’re in luck—NY is a one-party consent state, so that recording should be admissible.
Drue said:
If you recorded your conversation with him, you’re in luck—NY is a one-party consent state, so that recording should be admissible.
That’s good to know. I think having that recording could help if it shows he agreed to pay you.
Drue said:
If you recorded your conversation with him, you’re in luck—NY is a one-party consent state, so that recording should be admissible.
Agreed. Proof of that conversation could really back up your case.
If he offered to go with you to the bank to check the funds, I’d definitely ask for proof. A check bouncing means there’s no money, so he needs to explain.
Jaden said:
If he offered to go with you to the bank to check the funds, I’d definitely ask for proof. A check bouncing means there’s no money, so he needs to explain.
Yeah, he should show a bank statement or something. Seems odd if he’s claiming the money is there.
You could look up personal injury lawyers if you need support, or use a site like Avvo to find someone local for small claims.
Luca said:
You could look up personal injury lawyers if you need support, or use a site like Avvo to find someone local for small claims.
That’s a good resource. Even though small claims don’t require a lawyer, it’s nice to know you have options.
Luca said:
You could look up personal injury lawyers if you need support, or use a site like Avvo to find someone local for small claims.
Yep, Avvo is pretty solid for finding someone with experience in stuff like this.
In your case, the fact that the letter doesn’t state the exact amount might help. Without clear terms, it could be harder for him to enforce.
Sky said:
In your case, the fact that the letter doesn’t state the exact amount might help. Without clear terms, it could be harder for him to enforce.
Makes sense. If it’s not specific, he’d have a hard time holding it against you.
Sky said:
In your case, the fact that the letter doesn’t state the exact amount might help. Without clear terms, it could be harder for him to enforce.
Totally. Courts usually look for clear terms in agreements.