Legal Question in Criminal Law in Virginia

i wrote a 4800 check and it did not clear

i placed a stop payment on this check by mistake. then the check i did not want to clear did clear. now i do not have all the money to pay the other check off and they will not give me time and they said that they will have me put into jail on the 11/25/06 if it is not paid by 11/25/06 but i have not got or have been served with any court papers . can they do this with out us going to court


Asked on 11/22/06, 1:15 am

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

Re: i wrote a 4800 check and it did not clear

You have five days from the date of having received notice from the payee(the company), certified or registered mail, return receipt requested, to make good on the bounced check.

See Virginia Code Sec. 18.2-183.

If after that time frame expires, you still have not made good on the check, the matter could then be referred to the Commonwealth's Attorney for prosecution.(Whether you're actually prosecuted and sent to jail would be up to the prosecutor and court and not the company payee.)

One thing for sure, however, is certain: Your conviction and jailing in this matter could not occur by the end of the day on November 25, 2006, which this year happens to be a Saturday.

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Answered on 11/22/06, 4:42 pm


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