- 1). Send a letter informing the check writer that her check was returned for insufficient funds. State in the letter that the check writer must reimburse you for the bounced check within 30 days of receipt of the letter. You may mail the letter by first class, certified or registered mail.
- 2). Fill out an affidavit of service of mailing if you did not send the letter by registered or certified mail. You can get this form from an attorney's office. The affidavit states that you sent the letter to the check writer by mail. Sign the affidavit in front of a notary public. If you sent the letter by registered or certified mail, save your return receipt or other documentation proving the check writer received the letter.
- 3). Wait 30 days. If the check writer does not pay you the money he owes on the bad check, file a lawsuit against him in small claims court. You may sue him for the lesser of $250 or three times the value of the check. Bring the original check, the statement from your bank stating it bounced, a copy of the letter you sent to the check writer and your affidavit or proof of receipt to court to prove your case.
- 4). Contact the district attorney if the bad check is over $200, as writing bad checks for this amount is a felony in Virginia. Provide the district attorney with any information he requests regarding the check, including the evidence mentioned in Step 3. The district attorney will contact you regarding the outcome of your case. In some cases, the defendant will have to pay restitution to you for the bad check as part of her sentence.
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