Virginia  |  Criminal Law

Legal Question

Asked on: 1/11/13, 9:27 pm

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This cheque was sent via UPS on December 13, and upon referencing my bank records the cheque was withdrawn on December 28.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. 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."

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