This is best asked of counsel familiar with your setoff laws. Personally, I believe you have the right to do business or not with anyone. But the person who may be most upset here is your customer on whose account the check is drawn. How do you tell them you won't cash their check because this person is a deadbeat, without violating privacy laws and getting sued. Even if you just remained mum, the depositor with good funds may get upset.
If the funds are deposited, clearly you have the setoff opportunity. Otherwise, you may find that negotiating with the customer then and there (with the check in your hand) is the way to get some recovery on the spot and make arrangements.
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AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell