Writing bad checks question

What is the law and what is the penalty on writing bad checks in the U.S?

"Writing a check without sufficient funds may be a crime. If you believe you were a victim of criminal conduct, you should bring the matter to the attention of the police department, sheriff's office or the district attorney in the county where the alleged conduct took place.

California Civil Code section 1719 allows the receiver of a bad check to recover three times the amount of the check, up to $1500, in civil court if sufficient notice is mailed or delivered to the person who wrote the check. The damages are in addition to collecting the value of the check and they could include court and mailing costs. A cause of action under this law may be brought in small claims court, if the claim does not exceed $5,000, or in any other court of jurisdiction depending on the amount of the transaction.

If you have further questions regarding available civil remedies, we suggest that you consult a private attorney."

Source:
Consumers - Bad Checks - California Dept. of Justice - Office of the Attorney General


Writing Bad Checks - What is the Penalty?

For direct personal legal advice regarding your own state and situation you should consult a local attorney.

Bounced checks happen to most people from time to time, especially in an era of constant ATM withdrawals and paying for purchases with debit cards which deduct money directly from your checking account. In most cases, if you accidentally bounce a check, and contact the payee as soon as you realize the error, they will allow you to pay them the value of the bounced check, along with any service charges which they may have incurred as a result of your check being returned.

But what happens if it goes beyond that? What if the payee actually initiates legal action? A reader wonders this when they write “I have to go to court on a Passing Bad Check charge soon. What will happen? Will I be able to make restitution or will I be jailed?”

Unfortunately, it’s really difficult to predict what will happen, as it depends on so many variables, including the state in which the event occured, and what events lead up to the filing of legal charges. Passing bad checks is a crime, but for the individual, with the occasional bounced check, it rarely rises to that level.

Under ordinary circumstances, if the bad check passing charge is a first offense, and the defendant was not trying to avoid paying the check, and the check bounced due to an honest mistake or circumstances beyond their control, it is likely that they will be allowed to make restitution - maybe even make payments - as well as being ordered to pay all of the plaintiff’s (the payee’s) legal fees and costs.

However, if this is not a first offense, or if the bad check was written intentionally, knowing that it would not clear, then probation or even some time as a guest of the state may be in their future."

Source:
Writing Bad Checks - What is the Penalty?


Writing Bad Checks?

Writing Bad Checks??? - Yahoo! Answers


Criminal Law - Writing bad checks in Arizona.

Criminal Law: writing bad checks in Arizona, type sentence, arrest warrant

Originally Posted by Unregistered What is the law and what is the penalty on writing bad checks in the U.S?

Bad check laws vary by state. In some cases it might even be a crime. In California, you can be held liable for the amount of the check plus treble damages not to exceed $500.

From Answers.com

Consequences of writing a bad check

When a bad check is written, the following consequences may occur:

• The check writer may be charged a fee by his/her own financial institution. This fee may vary, depending on the bank's policies.
• If paying the item puts the account holder in arrears by a relatively small amount, the bank may choose to honor the check. When this occurs, the account will remain overdrawn, and the fees charged by the bank will place an extra burden on the account until a sufficient deposit is made.
• If the paying of the item would place the account quite deep in the hole, the bank will likely choose not to honor the check. The item will be returned to the depositor's bank, and ultimately to the depositor. The amount of the check, plus a small fee will be debited from the depositor's account. The depositor then may choose to re-submit the check, hoping it'll clear on a second attempt, or else proceed immediately with collection activities.
• The recipient may choose not to accept checks in the future from the writer, or may suspend the check-writer's privileges until the check-writer has made good on the debt.
• The recipient may choose to report the writer to a database like Shared Check Authorization Network (SCAN) or ChexSystems. This may lead to other merchants in the future refusing to accept checks from the writer or a joint account holder, or the writer having trouble obtaining a checking account at another bank for several years.

Collection on bad checks

When a bad check is negotiated, the recipient of the check may choose to take action against the writer. The action that is taken may be civil or criminal, depending on the amount of the check and the laws in the jurisdiction where the check is written.

In many jurisdictions, a Bad Check Restitution Program exists that allows recipients of bad checks to collect the funds from the local district attorney's office, regardless of the amount. An agency run by the district attorney will pursue the writer of the check by attempting to collect the funds in exchange for avoiding criminal prosecution. The check writer will be responsible to cover the amount of the check, plus all fees to which the recipient is legally entitled, plus a program fee. The writer will also be required to take a course designed to improve check writing habits. These programs are controversial and in recent years, have come under fire in lawsuits.

For more information see...

non-sufficient funds: Definition from Answers.com

i have recently been charged with grand larceny on some checks i wrote for groceries of over 1200.$ is there any way to get it dropped to a mistermener and what can i do i want to go to get my lpn please help me thank you cindy