Legal Question in Credit and Debt Law in Virginia

Incorrectly written personal check

I am a small business owner and accidentally accepted a personal check that had the numerals written correctly: ($275.00) but the amount was incorrectly written as ''--seventy five--''.--name removed--bank will not accept the check and the check writer has told--name removed--by phone that she never makes mistakes writing checks and it is ''God's way'' of preventing her from having to pay for the service which I provided.

How can I most effeciently receive payment for--name removed--services. If I must go to court, what court is appropriate and what should I request?

Thank you,

Asked on 7/27/06, 12:35 pm

2 Answers from Attorneys

Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Incorrectly written personal check

Based upon your zip code, you can sue in Rappahannock County District (Small Claims) Court.

Based on the information provided, you would sue for the $275, plus court costs. You might first send her a letter (certified) seeking the $275 and giving her 5 days to pay. Then file if she refuses.

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Answered on 7/27/06, 12:53 pm

Jonathon Moseley Moseley Legal Associates LLP

Re: Incorrectly written personal check

It should be very easy for you to collect this money, EXCEPT that the amount of money involved may be eaten up by the time and expense of collecting.

By signing the check -- regardless of whether the bank will honor it -- the person has admitted that they owe the money, especially together with any other documentation and evidence that you probably have.

FIRST we have to check whether or not your business is a corporation. If so, you need to have an attorney represent you. Again, this is a problem wtih the small amount of $275.

However, as long as you have an address for this woman and she has the money (at least $275) you can easily collect as a legal matter.

However, perhaps you should pull out some Bible quotes about Jesus saying "Let your yes be yes and your no be no and anything else is from the evil one."

God's way of letting her not have to pay would be persuading YOU to give her the items, not cheating you through a technicality. God would never do that against your will.

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Answered on 7/27/06, 8:53 pm

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