How do I prosecute someone who has breached a contract and also wrote a bad check.

I have an individual who I loaned money to and had a contract written and notarized and they refused to pay me back what I’ve loaned. They proceeded to write me a bad check as well. I would like to obtain information or help with this matter

Asked on October 31, 2017 under Business Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't "prosecute" them--you sue them. You would file a lawsuit against them for "breach of contract": for violating the obligations (e.g. repayment of the loan) contained in the contract. If the amount is less than the small claims limit, file the case in small claims court, acting as your own attorney ("pro se") to save money; if more than the small claims limit, hire a lawyer. You would need to prove the existence and terms of the contract in court (which can be done by showing and testifying about the contract), then testify as to the breach; based on what you write, unless the other side can show proof they paid the amounts due under the contract, you can get a court judgment against them for the remaining amount(s) due pursuant to the contract (e.g. unpaid loan balance).
You could also look to press charges for passing a bad check: go to your local police station to file a police report.

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