Appellate Practice Attorney serving New York, NY
You can sue for breach of contract. Most contracts do not have to be in writing to be enforceable, and (although I am not specifically with Virginia law) I don't think this one falls within any category of contracts required to be in writing.
If the company is a separate legal entity, like a corporation or llc, you would have to sue it, but you may also be able to sue the person who signed the check personally for issuing a check knowing that there were insufficient funds to cover it.
You should be aware, however, that, even if you win, the defendant may not have the money to pay. The fact that the check bounced is kind of a red flag.
Answered on May 30th, 2014 at 12:19 PM