Using the U.C.C. as verification for my claim

This is a discussion on Using the U.C.C. as verification for my claim within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; I have a very complicated situation, I am suing my roomates for unpaid bills, one sent me a check, for ...

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Old Nov 15th, 2007, 12:38 AM   #1
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Default Using the U.C.C. as verification for my claim

I have a very complicated situation, I am suing my roomates for unpaid bills, one sent me a check, for 500 less than what she owed and wrote on the check payment in full. My boyfriend accidentaly depositied the check because it was on my desk, and he thought it was one of the checks we recived from the baby shower. I have looked through all South Carolina Law, and really can find nothing on the matter. However after it was mistakenly deposited, I told her about it and promtly returned the money to her. Under the Uniform Commercial Code, I have 90 days to return the money to her, and the debt will not be discharged, also under the code a deposit, made by a mistake does not discarge her from the rest of the debt. I was just wondering if I could use these in my case. I know the Uniform Commercial Code isn't technically a law, but can I still use it?
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Old Nov 18th, 2007, 01:23 PM   #2
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Default Re: Using the U.C.C. as verification for my claim

If you sue in small claims the judge will award you the full amount.

tell the judge you did not see her notice and it does not excuse her anyway...
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