Legal Question in Civil Litigation in Virginia
personal check
i was given a check dated may 8 2007. I was asked 7 days later not to cash the check, but wait until May 21st to do this. I deposited it May 23. It bounced. The writer of the check says that since he asked me not to cash it I am in the wrong. What can I do about this bad check.
1 Answer from Attorneys
Re: personal check
You can sue him to recover the amount of the check, your court costs, and the lesser of $250 or three times the amount of the check. Check out this Virginia Code section for the exact process to follow: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-27.2
It may also be a Class 6 felony depending on his intent at the time he wrote the check (see http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-181) but keep in mind that if you report it to the police, you are not entitled to the enhanced civil remedies mentioned above (you'll see it in that Code section mentioned above).
Good luck
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