When someone issues checks with no funds that bounce back, is it considered fraud and is punishable by law?

Question

A roomate of mine issued me checks for rent, but he told me to wait untill he has funds on the account to deposit the checks. It's been quite sometime and I am in the process of evicting him. Also, now he seems not willing to pay at all which is quite irresponsible and rude. I have his checks with his signatures. Can I press fraud charges against him? Indicating that he knowngly and intentionaly gave me checks with no funds that would bounce everytime i deposit them on my account?

Answer 1

Yes, any check written when funds aren't available is considered a crime. However, dependent on the amount written on the check(s), determines whether the charge is a misdemeanor or a felony. Any check written for $500.01 is considered a Class 3 felony. anything under that is considered a misdemeanor

Answer 2

You can file charges against him, but you will have to deposit the checks first to show that they were never good. A bank will usually try twice then return the check to you. Deposit every check into your account, just don't enter them into your bank book b/c you know they won't clear.

In my state, you will have to send a registered letter to him at his current address, then he has 10 days from the date of receipt (your proof of date received) to pay you the money, the the courts will proceed. Also, you didnt ask, but don't hire an atty right away. I think this is something you will be able to do yourself. Deposit the checks right away or he may try to raise a stink about you keeping them so long, not that that's a valid excuse....

Good luck! Hey, take it to Judge Judy! She'll put the smackdown on him! BTW, YOU won't incur bounced check fees b/c YOU are not the one who wrote the check. The bank would send you a letter telling you to deduct the amount of the check from your book b/c the check didn't clear. That's to make sure your records are straight and that you don't THINK you have more money than you do. He, however, will incur plenty of charges, even if the account is closed.

Answer 3

NSF checks are generally not a crime unless the account was closed before the check was written. In California the DA won't touch NSF check cases unless there are seven or more checks totalling over $5000.

And understand that you cannot do both, if you start any civil action like small claims court, you cannot also seek relief from the justice system.

Answer 4

Fraud would be if He TOLD YOU THEY WERE GOOD.

But He told You the money wasn't there & You AGREED to hold the checks UNTIL THE MONEY WAS THERE with no specific time frame (HE didn't say "don't cash it until Friday").

It would be tough to press Fraud charges since YOU KNEW WHEN YOU TOOK THE CHECKS THEY WERE BAD.

The best You can do is a civil suit in small claims court over the money owed for his portion of the rent. (Unless Your in a REALLY high-class apartment, or You've let him get away with this for YEARS and the debt would be in excess of $5000 (usually the upper limit of "small claims")).

Answer 5

If you knowingly write a hot check and take merchandise then that is tantamount to theft. Hot checks have been increasing to the point that even if you innocently write one you could still get into very big trouble.

Answer 6

It happened to me. I unknowingly made a check for $9.61, and it bounced (I lent my atm to my mom). End of story is that instead of paying $9.61, I ended up paying $78.8?, and the county (Los Angeles County Court) made me go to a financial and credit management class for 8 hours on a saturday. Check your local laws first.

Answer 7

That is a criminal charge. If you know you have no funds and write a bad check, they can get charged criminally with check fraud.

Call the police.

Answer 8

you do no longer even could "combat it." merely forget approximately him. confirm you keep documents of his telephone calls and emails. IF he's taking you to court docket or documents fees (no longer likely he will gain this) then you certainly can project approximately it then. His habit is such which you're spectacular to no longer prefer to stay there, and that i think of any lifelike individual could see your element.

Answer 9

you can have him arrested for fraud or take him to small claims court or do both. don't try to deposit checks in your account, take them to his bank to try to cash them and you won't incur any bounced check fees.

Answer 10

If he knew they were bad when he wrote them, yes it's illegal. The cops will look at his records and determine the likelyhood of that after you file the complaint.