Legal Question in Business Law in Massachusetts

I sold $12,000 of material to my customer. After he got the material he sent me a check and then canceled it without telling me . when I got him on the phone he said he canceled the check because he did not have any money and he didn't want it to bounce. My question is this a felony . I live in Massachusetts he lives in New York and the material was shipped from Tennessee to Connecticut

Asked on 2/12/10, 7:09 am

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It is a crime in the state of Massachusetts to intentionally issue a bad check. It is also fraud to purchase goods with the intention of not paying for them.

Answered on 2/17/10, 7:14 am

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Joseph Murray Joseph M. Murray, Esq.

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Since it sounds like you shipped the goods BEFORE he wrote the check, you extended him credit and did not clearly deliver the goods in reliance on a check that had not yet been written.

That would make it hard to allege larceny by fraudulent check and might subject you to a civil complaint for abuse of process if you were to seek criminal charges.

Retain an attorney and consider filing a civil action to repossess the goods or sue for damages unless some accord can be negotiated with your "buyer". Good Luck!

Answered on 2/17/10, 9:19 am

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