Legal Question in Credit and Debt Law in Virginia
Judgements
I recently wrote a check with no reason to think there would be insufficient funds. It turns out the check bounced and I am not able to pay back the money within the 60 day period. Now the company is issuing a judgement against me. What exactly is a judgement and what does this process entail? Is this something I could be arrested for?
1 Answer from Attorneys
Re: Judgements
Only a court can issue a judgment. There is no "60 day" period. In theory, it is possible to be arrested for having written a bad check, it is a crime to do so if you had reason to know (whether you actually did or not) that the check would bounce at the time you wrote it.
What the creditor can do is file an action against you, usually in a General District Court if the amount is less than $15,000.00, and you'd get notice of it well in advance of the court hearing. If it's already happened, and someone has gotten a judgment against you without your having notice, there's something wrong, and you should file a motion to vacate the judgment and explain to the court what happened. Ask to have the judgment vacated and the case reopened, with a new trial date. Pay off the check promptly before it gets to trial!