Legal Question in Credit and Debt Law in Virginia

Under the law you can choose between pressing criminal charges for writing a bad check or suing for the money back. While you could bring criminal charges, it will probably not help you get your money back.

For one thing, once you start a criminal process you cannot control it. You cannot stop it if you get paid, for example. The prosecutor is in control of those events.

Second, it will be much harder for your friend to earn money to pay you back while fighting criminal charges or with a conviction or possibly in jail.

So looking at it just selfishly it won't help you.

On the other hand, the fact that your friend has written you checks -- while frustrating -- is very good PROOF that she owes you the money.

So if you file a Warrant in Debt in General District Court, you will have a very easy time winning a court judgment for the money.

(Note that there are ways to do this even if you cannot find her to serve the WID on her.

You will then have a challenge collecting on the money from the court judgment. But if your friend does not have any money then nothin you do is going to make any difference any way.

The court jdugment will be valid for 10 years. That means tha tyou can collect on the judgment at any time in the next 10 years -- with interest.