San Diego, CA asked in Consumer Law, Contracts and Small Claims for California

Q: How do you assign a debt (bad check) to another person?

My brother sold my car and the buyer wrote a bad check out to him. He is not interested in taking her to court but I am. How do we assign this debt to me? Do we need lawyer and a judge to do this?

1 Lawyer Answer
David Keith Hicks
David Keith Hicks
  • Dunsmuir, CA
  • Licensed in California

A: 1. report the bad check to the police. The DA should charge it and get the money back via restitution.

2. If that doesn't work for some reason, get a lawyer to prepare:

--an assignment of the debt.

--a bill of sale of the car to you.

--an agreement by your brother to waive any rights in the case if you bring it. (He should have not taken the bad check).

--a complaint for rescission, breack of contract damages, punitive damages, restitution, and fraud.

William John Light agrees with this answer

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