Q: I had a check returned and the small business is threatening to put my wife's and my picture on the wall. can i Sue?

A: Sue for what? Slander?

Truth is an absolute defense

A: Perhaps offering to pay the outstanding amount of the returned check PLUS the bank fees the business incurred for the returned check would resolve the issue faster and easier for all involved.

A: If it's a joint account. Both of you bounced a check. Putting that check on the wall is not illegal, but disclosing your account number might be a breach of privacy. As long as it's truthful and your account number isn't disclosed, I don't think that the business owner has done anything illegal.

Your wife is potentially criminally liable. Under California Penal Code Section 476a, writing a bad check while aware of insufficient funds with intent to defraud is punishable as a misdemeanor if the total amount of the checks written does not exceed $950. It's a felony if the amount in question is more.

Further under Civil Code section 1719, you and your wife could be liable for treble damages to the business if it follows the statute and files suit.

A: Yes but you won’t win. In this case, any actual defamation has yet to take place and the damages foreseeable are minimal. Finally, they have a defense for defamation also… Truth. Sorry but this is not your best case. Feel free to call if you want further advices.

A: Every case is unique and more information is needed to properly answer your query intelligently. In addition, you should NOT be discussing your case on an open forum like this.

It is always a good idea to contact a local attorney that handles these types of cases in the court where you would have to appear.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case. In those cases, I usually try to refer the potential client to a lawyer that is closer to where this happened.

Most DUI and Accident lawyers will offer a free consultation to review the facts. For other areas of law, many lawyers will bill for a consultation.

For a criminal case, success may depend on how the evidence was obtained and the details regarding the stop and arrest as well as a review of the facts of your case.

Call a local attorney to discuss in more detail and request an appointment...and/or please remember that the court will appoint a court-appointed lawyer for you and that lawyer will have all the evidence in front of him/her and be in a better position to give you an intelligent answer.

Did you give a bad check and not attempt to make it right? Depending on the facts you may have criminal exposure, so rethink discussing it on this forum.

Good Luck