Legal Question in Credit and Debt Law in Virginia
Check returned NSF
My firm has a contract in place with a VA corporation. We received a check from this corporation for services rendered to date. Unfortunately, the check was returned by the bank for NSF, and worse yet, the State Corporation Commission of VA states that the corporation that was our clientis no longer in business. Can I file a Warrant in Debt against this corporation anyway? Can I file a Warrant in Debt against the person who signed the check, which is the President and Owner of the closed corporation? Or are we basically just out of luck and the dollars?
1 Answer from Attorneys
Re: Check returned NSF
First,an action against the corporation may or may not do you any good. If they were to be reinstated, it might be worthwhile. Did they lose their qualification in Va. before or after your contract/payment? If the President wrote a check on a closed bank account that may be actionable. You may have an action against other corporate officers/directors/shareholders depending on who knew what & when.
I hope this is helpful.