We live in Virginia and would like to know what we can do to collect on two bounced checks. The police told us to write a certified letter, which we did, and to go in person to try to collect. But that hasn't been helping any the guy just keeps making up excuses as to why he has no cash for us...someone stole checks and wiped his accounts clean, wife has all the new checks and he has other more important things to pay off first. First check was written on December 22 second on January 5th. No one has told us anything about going to small claims court and we would like to know more on how to handle this. On top of the two checks there is some unpaid wages but of course the boss has other reasons as to why we haven't gotten paid like the job wasn't finished right, no parts no pay, or the cars weren't for actuall customers. My husband worked at an auto shop. Any advice would be great we would like to get our money back as these checks have put a great deal of damage on our checking account..overdrafts and what not.
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Unpaid wages/ bounced checks
- Thread Starter alberm82
- Start date
- Status
cbg
Super Moderator
Are the bounced checks payroll checks? It makes a difference to the answer.
The checks are for pay but being a small business they are just hand written paychecks under the business name. Don't know if that makes any sense but we were once told that we couldn't cash it at a store cause they didnt' count it as a payroll check cause of it being handwritten.
cbg
Super Moderator
As long as they are for wages, that's all that matters for this purpose. 
You have two choices. You can file a small claims suit, or you can file a complaint with the state Department of Labor.
You have two choices. You can file a small claims suit, or you can file a complaint with the state Department of Labor.
thank you so much for your quick responses.
I have made some searches online about small claims court but don't really know how to go about it. I would have to file a claim in the county he has his business in right? According to Virginia the most we can file is $5000 but I want to know what are the damages I can file for. Could I sue for the damages he did to our checking account? we did go a month with no pay as well, plus all those trips to his shops could I get some sort of gas repayment? Since December 18th I have kept some sort of record on my phone could I use that as evidence...I have always gotten some sort of bad feeling from the guy and as soon as I got my new cell I kept a file on my husband going to work and what not.
How do we go about with a complaint with the state department of labor? How is that different then small claims? I was told that if we go to small claims and after that is done with to also report to the irs on his business is that true?
I have made some searches online about small claims court but don't really know how to go about it. I would have to file a claim in the county he has his business in right? According to Virginia the most we can file is $5000 but I want to know what are the damages I can file for. Could I sue for the damages he did to our checking account? we did go a month with no pay as well, plus all those trips to his shops could I get some sort of gas repayment? Since December 18th I have kept some sort of record on my phone could I use that as evidence...I have always gotten some sort of bad feeling from the guy and as soon as I got my new cell I kept a file on my husband going to work and what not.
How do we go about with a complaint with the state department of labor? How is that different then small claims? I was told that if we go to small claims and after that is done with to also report to the irs on his business is that true?
cbg
Super Moderator
You don't get damages in small claims court.
If you file a complaint with the state DOL, they will go after him for you.
If you file a complaint with the state DOL, they will go after him for you.
seniorjudge
New Member
Q: Could I sue for the damages he did to our checking account?
A: No, that is because in small claims, you are allowed direct damages only.
Q: we did go a month with no pay as well, plus all those trips to his shops could I get some sort of gas repayment?
A: No, that is because in small claims, you are allowed direct damages only.
Q: How do we go about with a complaint with the state department of labor? How is that different then small claims? I was told that if we go to small claims and after that is done with to also report to the irs on his business is that true?
A: http://www.doli.virginia.gov/
The labor claim has nothing to do with small claims and vice versa. They are separate solutions for you. If you want to report somebody to the IRS, you don't have to wait for a small claims case to be over. IRS and small claims are also separate. Finally, a third avenue is to talk to the prosecutor in your county; perhaps the bad person has committed a crime.
A: No, that is because in small claims, you are allowed direct damages only.
Q: we did go a month with no pay as well, plus all those trips to his shops could I get some sort of gas repayment?
A: No, that is because in small claims, you are allowed direct damages only.
Q: How do we go about with a complaint with the state department of labor? How is that different then small claims? I was told that if we go to small claims and after that is done with to also report to the irs on his business is that true?
A: http://www.doli.virginia.gov/
The labor claim has nothing to do with small claims and vice versa. They are separate solutions for you. If you want to report somebody to the IRS, you don't have to wait for a small claims case to be over. IRS and small claims are also separate. Finally, a third avenue is to talk to the prosecutor in your county; perhaps the bad person has committed a crime.
- Status
Share this page
