Legal Question in Business Law in Massachusetts
I sold $12,000 of material to my customer. After he got the material he sent me a check and then canceled it without telling me . when I got him on the phone he said he canceled the check because he did not have any money and he didn't want it to bounce. My question is this a felony . I live in Massachusetts he lives in New York and the material was shipped from Tennessee to Connecticut
3 Answers from Attorneys
It is a crime in the state of Massachusetts to intentionally issue a bad check. It is also fraud to purchase goods with the intention of not paying for them.
Since it sounds like you shipped the goods BEFORE he wrote the check, you extended him credit and did not clearly deliver the goods in reliance on a check that had not yet been written.
That would make it hard to allege larceny by fraudulent check and might subject you to a civil complaint for abuse of process if you were to seek criminal charges.
Retain an attorney and consider filing a civil action to repossess the goods or sue for damages unless some accord can be negotiated with your "buyer". Good Luck!
There needs to be an explanation and/or return of goods.
I would consider filing an application for a criminal complaint.
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