Can I Get Lost Wages as Part of a Civil Bad Check Claim?

Full question:

I purchased a pool from a local pool store. There were six missed install visits where the installer did not show up and the store did not notify me they wouldn't be there. I took six different days off work, once for each no show. I finally asked for a refund and the store owner agreed. He also stated that, to keep us as happy customers and get us to remove a BBB complaint, he would also give us the pool in addition to the refund. The pool installer arrived a few days later with our refund check and I paid him directly for installing the pool. When I attempted to cash the check, I was advised there were insufucuent funds. I notified the store owner and received no reply for three days. On the third day he responded by text message that he had canceled the check and was to busy to deal with me. The check was written to me, by him and was marked as 'Refund'. Do I have grounds for criminal charges and do I have grounds for civil charges for the refund plus lost wages. Check total was $3,485.51 and the lost wages were $5,040. Also, I live in Arkansas but the pool store is located in Bossier City, Louisiana. All face to face buisness was conducted at the store in Louisiana.

• Category: Debts and Credit
• Subcategory: Bad Checks
• Date: 04/07/2025
• State: Arkansas

Answer:

Bad checks are covered by both criminal and civil law. To be prosecuted criminally, knowledge of insufficient funds is required. Money damages may be recovered in a civil case. In a civil claim, in event of failure to make payment after demand, the amount owed, together penalties, bank and court costs and reasonable attorneys' fees, may be ordered. A breach of contract suit may also be possible. Lost wages may be claimed as damages as part of a breach of contract lawsuit.

Please see the information at the following links for further discussion:

http://badchecks.uslegal.com/state-laws/louisiana-dishonored-check-law/

http://www.ckfraud.org/penalties.html

Please see the following LA statute:

Art. 572. Limitation of prosecution of noncapital offenses

A. Except as provided in Articles 571 and 571.1, no person shall be prosecuted, tried, or punished for an offense not punishable by death or life imprisonment, unless the prosecution is instituted within the following periods of time after the offense has been committed:

(1) Six years, for a felony necessarily punishable by imprisonment at hard labor.

(2) Four years, for a felony not necessarily punishable by imprisonment at hard labor.

(3) Two years, for a misdemeanor punishable by a fine, or imprisonment, or both.

(4) Six months, for a misdemeanor punishable only by a fine or forfeiture.

B.(1) Notwithstanding the provisions of Article 571.1 and Paragraph A of this Article, prosecutions for any sex offense may be commenced beyond the time limitations set forth in this Title if the identity of the offender is established after the expiration of such time limitation through the use of a DNA profile.

(2) A prosecution under the exception provided by this Paragraph shall be commenced within three years from the date on which the identity of the suspect is established by DNA testing.

(3) For purposes of this Article, "DNA" means deoxyribonucleic acid, which is located in cells and provides an individual's personal genetic blue print and which encodes genetic information that is the basis of human heredity and forensic identification.

(4) This Paragraph shall have retroactive application to crimes committed prior to June 20, 2003.

C. Upon expiration of the time period in which a prosecution may be instituted, any bail bond applicable to that prosecution which bond has not been forfeited shall also expire, and all obligations of that bail undertaking shall be extinguished as a matter of law.

Amended by Acts 1984, No. 926, §1; Acts 2001, No. 207, §1; Acts 2003, No. 487, §2, eff. June 20, 2003; Acts 2003, No. 809, §1, eff. July 1, 2003; Acts 2006, No. 123, §1, eff. June 2, 2006.