Legal Question in Credit and Debt Law in Missouri
Missouri Criminal/Civil Law regarding dishonored checks
A customer has witten a $4000.00 check to our store in Missouri. The check has been returned NSF. The funds are not available to date. What recourse is available to us as a business. Ohio requires a 10-day demand letter before filing any charges. Does Missouri require anything similar. Do we have Civil and or Criminal options. Thank you for your help.
1 Answer from Attorneys
Re: Missouri Criminal/Civil Law regarding dishonored checks
Yes, you do have both civil and criminal remedies availabel to you. If you know that the entity writing the bad check is collectable, you may elect to file a civil suit, obtain a judgment and collect your judgment by way of an execution against assets owned by that entity. I have handled thousands of such "collection" suits over the last twenty-three years. On the other hand, you may elect to take this matter to the prosecuting attorney in the county where the check was received (assuming it was in Missouri). The prosecutor will send out a ten day letter. Sometimes the local law enforcement autorities have been know to "lean on" the bad check writer to encourage prompt payment. If there is no response, the prosecutor will file charges, and in your case it would be a felony charge. Then, when the culprit is brought to court it is possible that the Court will require restitution (repayment) as a condition of probation. If you are in need of legal services and are not already represented by counsel, you may call me for a free telephone consultation at 314-727-2822.