Legal Question in Credit and Debt Law in Pennsylvania

The contract took place in Pennsylvania. So Pennsylvania would be the logical place. However assume you win your case or get a judgement in Pennsylvania you would have to have it satisfied in Virginia in essence transferring the judgement to where they live for execution purposes. An qrguement could be made that since the defendants live in Virginia that you could file there but Virginia would apply Pennsylvania law. What they did may be considered a crime as bad check is a crime. You may want to consider notifying local authorities in pennsylvania where you live or the district attorneys office in your county. Before doing this you may want to hire an attorney to contact them to avoid such action.

I agree with Mr. Weinstein that this is a bad check issue. Most states have both a civil and criminal bad check procedure.

Both require you to write a certified letter to the people asking for the face value of the bad check plus a processing fee (set out by state law) and any other fees. States vary on notice - some require 10, 15 or 30 days. You need to talk to a lawyer in Virginia to find out what the process is there. I don't think PA authorities would be involved if the check was drawn on a VA bank by a resident of VA. Maybe I'm wrong about that - you can certainly check. If not PA, it will be VA.

If you go the criminal route, you send the letter in compliance with that. The letter is sent certified return receipt requested. If the buyers ignore the letter, if the district attorney has a worthless check program, you submit your application (any forms they require, and a copy of the letter you sent). The district attorney then sends out a letter. If the people ignore the district attorney, the district attorney prosecutes. You are reimbursed if the couple is convicted. Restitution is ordered as part of sentencing.

If you go the civil route, you again send a letter. If there is no response, you would then sue in court. I assume that the amount in question would fall within the limits of small claims so you would sue there. Usually the law lets you recover either double or triple the amount of the check, plus a processing fee and court costs. Attorney fees might also be recoverable - I don't know as that would be a matter of VA law. Any action would be filed in VA. VA has wage garnishment - PA doesn't so there would be an advantage to you suing in VA.

You could sue in PA, but probably not in small claims and even if you get a judgment in PA, if the buyers own no property in PA you would then have to hire a lawyer in VA to register the PA judgment so it could be enforced in VA as noted by Attorney Weinstein. Given everything, it might just make more sense to go to VA. Again, you should focus on the worthless check - this is not a dispute about the dog sale contract.

This sounds like it may have been a scam - depends on the check. If it was, I would go the criminal route. Just know that if criminal charges are filed, the buyer cannot pay you directly unless they get a lawyer and the lawyer works out an agreement with the district attorney to drop the charges in exchange for them paying you back.