Legal Question in Criminal Law in Virginia

I wrote a $300 check to a company. After writing the check an internet company began debiting several hundred dollars from my account which caused my account to over draft and therefore the check was returned to the company. I have never received anything from the company i wrote the check to regarding this, the only communication from them has been to a relative. They are now telling my relative that they are filing felony charges on my for the $300. Can they do this without having first notified me in writing or attempting collection? I have never written a bad check, nor have I been in trouble a day in my life. What can I do now to avoid this?

i am will to pay the check and any related fees.


Asked on 11/22/09, 3:46 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, this company will not be able to file felony charges against you that are legally sustainable under the circumstances described.

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Answered on 11/28/09, 12:56 pm
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Sounds like they are trying to take advantage of you. I would suggest you consult an attorney ASAP about whether you have any claims agains this company and/or defenses. Also, whether any crimes have been committed by this company. Good luck.

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Answered on 11/28/09, 3:23 pm


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