Bad Check -- NSF?

Question

What are the legal options for a check used for payment that is returned NSF (Not sufficient Funds).

If one can assume the person writting the bad check knew it would not clear the bank, is this a civil matter or a criminal matter.

Other then resubmitting the bad check to see if it clears, what legal otions are appropriate?

Answer 1

You can pursue it as a civil amtter, by taking it to small claims court. You may want to check with you State Attorney's office to see what criminal penalties are involved. Usuall it is not a criminal matter unless the check writer does not make good on the ckeck. Again, the State Attorney's office can assist you with the protocol for collecting on a bad check.

Answer 2

Well first of all I wouldn't just keep resubmitting it, you are going to wind up with continual charges to your account as well, that is if you are submitting it like a business would, better to personally take it to their bank and get them to check the funds instead of submitting it or calling thier bank and asking to "verify funds".

But as far as legal action, it varies from state to state. But what we do in MS is file a claim with the local court. It's going to be a small claims court case unless it's a HUGE amout of money. The best thing would be to just call the court house and ask them what your options are, they will tell you what you need to know. I hope this helps. Good Luck.

Answer 3

What action you can take varies from State to State. However, you can call the bank named on the check and ask them to verify if the check will clear. They will ask for the account name and number and tell you Yes or No. If no, then damages could be up to triple the amount of the check. This usually is a civil matter, however, it may be different in your state. Call the court and ask them or your bank.

Answer 4

I have a home based business, and this happens to me more than I'd like. Give the person the benefit of the doubt, though (we all make mathematical errors) but instead of re-submitting it with your bank, I would go to the bank on the check and cash it there. If they say there still are not enough funds, ask THEM how to proceed. Good luck!!

Answer 5

Depends on amount of check and what it was used to pay for. Check with local small claims court about whether it can be pursued there or turned over to DA. Good luck.

Answer 6

Calling the police, I believe check fraud is a federal offense.

But that would probably be a last resort if you can't get the check to clear and you can't get a hold of the owner of that check.

Answer 7

The crime is utterance. you'll get arrested (relies upon on the # of checks, the quantity of funds or fraudulent circumstances). maximum folk receive a summons to seem in courtroom as a defendant. pay attention, they do subpoena your monetary corporation archives.

Answer 8

Going to city court and there will be some kind of punishment!