Legal Question in Credit and Debt Law in Virginia

Debt Collection

I cashed a check at Checksmart Check Cashing service that was presented to me by a company as payment for contracting services. The check was not honored by the Check Writer's bank. I am obligated to repay the amount plus the returned check fee.

I submitted a $45 partial (good faith) payment towards the $400 amount.

The company called my 14 year old son and told him that they would return the payment and would only accept the balance in full, that I would be arrested if they do not receive the full payment. My 10 year old son who has Aspergers Syndrome and interprets emotionally and literally is fearful of me going to jail when I leave my home.

Can I pursue any legal action against Checksmart?

Could I actually be arrested for a bad check that I did not write?


Asked on 1/15/07, 2:29 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Debt Collection

No, I discern no criminal liability on your part for having cashed a check which apparently you did in good faith

and without fraudulent intent, and, therefore, if all the foregoing is true, you could not be subject to arrest on criminal charges stemming from this matter.

You could, however, certainly be found civilly liable for the check that failed to clear and at the wrong end of a judgment in favor of Checksmart

for the $400 + costs(which could also include attorney's fees).

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Answered on 1/15/07, 5:24 pm


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