Canadianguy90
New Member
My question involves criminal law for the state of: Virginia
Hello, I am the owner of a small business based in Canada that recently had to reimburse a dissatisfied client via cheque. My business operates as a sole proprietorship.
This cheque was sent via UPS on December 13, and upon referencing my bank records the cheque was withdrawn on December 28. Due to an honest mistake, I was informed today that this cheque had bounced and that my client is now threatening to pursue criminal charges.
I fully intend to repay the amount of the bad check straight away, in addition to bank fees they may have incurred as a result, and any possible interest, within the next 72 business hours at the latest.
Is this little more than a threat from the client, or must I be concerned? Again, I have every intention of reimbursing this client with interest and for applicable fees within 72 business hours.
This client does have a legal background (an Esq. title) Via e-mail; they stated the following
"As you should know, it is illegal to remit a check as payment when there are insufficient funds to cover the amount. You have elevated our dispute from a civil contract action to subjecting yourself to criminal charges and penalties. While I have no interest in seeing you have a criminal record out of this mess, I am no longer willing to let you renege on your commitment to me. I intend to call your bank, where I have several accounts, on Monday and try to resolve this myself. If not, criminal charges will be forthcoming, with all of the publicity that judicial procedures incur."
pon independent research of Virginia law, I understand that in order for a criminal charge to be issued; written notice and no payment within (5) days must be present.
"Bad check cases are very difficult to prove with a proper defense. The difficulty for the prosecution involves the need to prove or establish facts showing that the person that wrote the check knew at the time the check was written or delivered that there were insufficient funds in the account. Absent statements by the accused or incontrovertible evidence (such as proof that the account was closed by the accused prior to the time when the check was written) it can be very difficult for the prosecution to establish this element beyond a reasonable doubt.
To this end, Va. Code 18.2-183 provides that in any prosecution of a bad check case, the making, uttering, or delivery of a check which is refused because of lack of funds shall be prima facie evidence of intent to defraud or of knowledge of insufficient funds unless the person that wrote the check pays the holder the amount due, with interest, within five days after receiving written notice that the has not been paid. However, this section also provides that this notice, to be effective, must be mailed by certified or registered mail, evidenced by return receipt, to the last known address of the person that wrote the check."
My apologies, as I in fact have very little understandng of the legal process; but if I understand correctly a charge cannot simply be "placed" on me and that I must first have opportunity to rectify the situation?
Any guidance is much appreciated.
Hello, I am the owner of a small business based in Canada that recently had to reimburse a dissatisfied client via cheque. My business operates as a sole proprietorship.
This cheque was sent via UPS on December 13, and upon referencing my bank records the cheque was withdrawn on December 28. Due to an honest mistake, I was informed today that this cheque had bounced and that my client is now threatening to pursue criminal charges.
I fully intend to repay the amount of the bad check straight away, in addition to bank fees they may have incurred as a result, and any possible interest, within the next 72 business hours at the latest.
Is this little more than a threat from the client, or must I be concerned? Again, I have every intention of reimbursing this client with interest and for applicable fees within 72 business hours.
This client does have a legal background (an Esq. title) Via e-mail; they stated the following
"As you should know, it is illegal to remit a check as payment when there are insufficient funds to cover the amount. You have elevated our dispute from a civil contract action to subjecting yourself to criminal charges and penalties. While I have no interest in seeing you have a criminal record out of this mess, I am no longer willing to let you renege on your commitment to me. I intend to call your bank, where I have several accounts, on Monday and try to resolve this myself. If not, criminal charges will be forthcoming, with all of the publicity that judicial procedures incur."
pon independent research of Virginia law, I understand that in order for a criminal charge to be issued; written notice and no payment within (5) days must be present.
"Bad check cases are very difficult to prove with a proper defense. The difficulty for the prosecution involves the need to prove or establish facts showing that the person that wrote the check knew at the time the check was written or delivered that there were insufficient funds in the account. Absent statements by the accused or incontrovertible evidence (such as proof that the account was closed by the accused prior to the time when the check was written) it can be very difficult for the prosecution to establish this element beyond a reasonable doubt.
To this end, Va. Code 18.2-183 provides that in any prosecution of a bad check case, the making, uttering, or delivery of a check which is refused because of lack of funds shall be prima facie evidence of intent to defraud or of knowledge of insufficient funds unless the person that wrote the check pays the holder the amount due, with interest, within five days after receiving written notice that the has not been paid. However, this section also provides that this notice, to be effective, must be mailed by certified or registered mail, evidenced by return receipt, to the last known address of the person that wrote the check."
My apologies, as I in fact have very little understandng of the legal process; but if I understand correctly a charge cannot simply be "placed" on me and that I must first have opportunity to rectify the situation?
Any guidance is much appreciated.
