Legal Question in Criminal Law in Virginia

Bad Check

I had a check returned and had 10 days to make good. Today is the 10th day and I went to pay but the business is closed for 14 days for the holidays. What can I do so I won't be prosecuted.


Asked on 12/22/08, 10:34 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Bad Check

If possible, you should go back to the business and see whether there is a mail drop where your check in a sealed envelope with explanation could be deposited, or, perhaps, even slid under the entrance door to the business.(If so, you should then call and leave a message documenting the fact

that you left the check there and in what manner and the time and date it occurred.)

You also might consider calling the business phone number to see whether there is an after hours alternative for contacting the owner(s) or manager of this company to determine whether there might be some other way of getting your check to them TODAY in the event the foregoing suggestions do not work out for whatever reason.

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Answered on 12/22/08, 11:07 am
Jonathon Moseley Moseley & Associates Law Firm

Re: Bad Check

I would take a witness with you to the business, with payment, and attempt to make payment. Your witness can testify (if there is any trouble) that you attempted to make payment. Technically, you "proferred" or "tendered" payment within the time limit, but they were not there to receive it.

You may be able to leave a note there under the door or in their mailbox about what happened. You could possibly leave them a new check, also.

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Answered on 12/22/08, 11:55 am


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