Bad Check? Can I Pursue Someone Legally?

bad checkIn all 50 states, it is a crime to write a bad check, even if it is for a small amount. If a check bounces as a result of insufficient funds in the account, this can be charged criminally as a felony or misdemeanor case. However, if you want to pursue legal action on a case where a bad check was written, a certain process must be followed.

What is a bad check?

Writing a bad check can cause many problems. A bad check is considered as a payment that a check writer’s bank does not approve. The bank may reject the check if there is not enough money in the account. The bank may also reject the check if the check writer requests a stop payment on the check for a particular reason.

If you don’t have the funds available when writing a check, this means that you are writing a bad check. Sometimes this is intentional, meaning that you know you do not have the funds in your account, but you proceed to write the check anyway. However, it may also be considered an accident. For example, maybe you were expecting a deposit or payment to you, but unfortunately it did not clear your account yet. Or maybe a purchase you made with your debit card created a hold on your account. 

Legal Actions

There are different legal actions available to a person who is the victim of a bad check. You can file a civil complaint (i.e., a law suit) against the person who wrote the check for the amount owed. You can also seek to recover returned check fees and other charges incurred as a result of the bad check. Sometimes these fees and charges can exceed the amount of the original payment.

In the alternative, or in addition to filing a law suit, you can file a police report against the person who wrote the bad check. A person can be prosecuted and even arrested for writing a bad check. A check that bounces is a criminal matter if the person who wrote it did so intentionally. This results in fraud. 

How an Attorney Can Help

If you have been a recipient of a bad check or have been accused of writing a bad check, we can help you. The best thing to do is to find an attorney that has years of experience working on these type of cases. Many times these cases can be resolved with the charges being dismissed if restitution is paid to the victim.

While it is normal to feel afraid or anxious about possible criminal charges for writing a bad check, the attorneys at Nobles & Yanez will work tirelessly to obtain the best possible outcome for your case and relieve you of that fear and anxiety.