Anyone familiar with Colorado bad check laws?

Question

I am hoping someone familiar with Colorado check laws can help me with this. I am just wondering if the person/company that recieved a a check returned to them due to insufficant funds/closed account/stop payment etc...
Has to first prove they attempted to contact the writer of the check for payment options before turning them in for possible fraud?
Also, if you wrote a check to someone while your account was open and you had the funds, but they waited..say three months to deposit the check, and now you closed the account so of course the check was returned to them...can you be prosecuted for writing a check on a closed account? I mean technically you didn't right? They just waited too long. I ask because I recently closed out my checking, and has luck would have it..of course someone I wrote a check to for an Ebay item deposited the check the day AFTER I closed it. Although I wrote the check on July 17th, they didn't present it to my bank for payment until September 4th!

A few more details: They live in California, not Colorado. So I am not sure how that works either. Since they are in a different state can it go to a federal level? And how bad is that? I have attempted to contact them via email at least four times and sent a request to Ebay to contact them, and they are not getting back too me. Which leaves me to believe they are taking some legal action and avoiding me. Althuogh the check was for $7.00, I have been in trouble for a bad check before so worry about the ramifications for a second offense. Like I said, it was not intentional, I wrote the check when I had an open account. So not sure if they can get me for writing on a closed account, but they can get me for check fraud. But the point being, do they have to prove they attempted to collect before turning me in? I can prove I have attempted to make payment arrangments with them,and they have no returned my emails. Any educated advice, not assumptions please, would be great.

Answer 1

Here is a link to the Colorado Revised Statutes:
http://www2.michie.com/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0

Here is the specific statute relating to dishonoured cheques:
http://www2.michie.com/colorado/lpext.dll/Infobase4/1/2bd4e/2e6dd/2e83d/2e850?f=templates&fn=fs-main-doc.htm&q=insufficient%20funds&x=Advanced&2.0#LPHit1

Answer 2

Colorado Bad Check Law

Answer 3

First of all, when you closed the account the bank would have asked you if there are any 'outstanding items.' You should have known that this check was outstanding, regardless of how long it took them to deposit it. (And for the record, July 17 to Sept 4 is only 1½ months, not three months, so they are well within their rights.)

Now, the simplest part of this is to just contact the Ebay Seller and tell them the story and ask them if you can replace the funds with a Money Order. Why wait for them to do something like file against you? Contacting them up front tells them that you are business like and honest. In addition, you might want to offer to pay HALF of the check return fees which they may have had to pay should they bring it up. (of course, ask for proof on this, you're honest, but not stupid.) If there is no response to your emails, try and find the address you mailed the check to, or perhaps get your bank to help you track down the seller. (Banks will SOMETIMES do this, but there is no guarantee.)

Answer 4

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