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Yes, however if you call them right away and arrange to make it right they may hold on to it for you.

When I ran a computer store I used to charge $40 for a bad check. The bank charged us $15, the rest was to compensate for our time collecting the check. A guy wrote me a check and it was returned. He called me before my bank returned the check to me. Since he worked to resolve the issue and I didn't have to track him down, I only charged him the $15 the bank charged me extra, not my normal fee.

2007-10-16 12:33:52 · answer #1 · answered by davidmi711 7 · 0 0

S 190.05 Issuing a bad check.
A person is guilty of issuing a bad check when:
1. (a) As a drawer or representative drawer, he utters a check knowing
that he or his principal, as the case may be, does not then have
sufficient funds with the drawee to cover it, and (b) he intends or
believes at the time of utterance that payment will be refused by the
drawee upon presentation, and (c) payment is refused by the drawee upon
presentation; or
2. (a) He passes a check knowing that the drawer thereof does not then
have sufficient funds with the drawee to cover it, and (b) he intends or
believes at the time the check is passed that payment will be refused by
the drawee upon presentation, and (c) payment is refused by the drawee
upon presentation.
Issuing a bad check is a class B misdemeanor.

S 190.10 Issuing a bad check; presumptions.
1. When the drawer of a check has insufficient funds with the drawee
to cover it at the time of utterance, the subscribing drawer or
representative drawer, as the case may be, is presumed to know of such
insufficiency.
2. A subscribing drawer or representative drawer, as the case may be,
of an ultimately dishonored check is presumed to have intended or
believed that the check would be dishonored upon presentation when:
(a) The drawer had no account with the drawee at the time of
utterance; or
(b) (i) The drawer had insufficient funds with the drawee at the time
of utterance, and (ii) the check was presented to the drawee for payment
not more than thirty days after the date of utterance, and (iii) the
drawer had insufficient funds with the drawee at the time of
presentation.
3. Dishonor of a check by the drawee and insufficiency of the drawer`s
funds at the time of presentation may properly be proved by introduction
in evidence of a notice of protest of the check, or of a certificate
under oath of an authorized representative of the drawee declaring the
dishonor and insufficiency, and such proof shall constitute presumptive
evidence of such dishonor and insufficiency.

S 190.15 Issuing a bad check; defenses.
In any prosecution for issuing a bad check, it is an affirmative
defense that:
1. The defendant or a person acting in his behalf made full
satisfaction of the amount of the check within ten days after dishonor
by the drawee; or
2. The defendant, in acting as a representative drawer, did so as an
employee who, without personal benefit, merely executed the orders of
his employer or of a superior officer or employee generally authorized
to direct his activities.

What happens depends on how far the damaged party wishes to take the situation, but most will settle for repayment or repayment and costs. Note this may not be possible if it has gotten to the point of the district or county attorney becoming involved and the filing of criminal charges. Best to settle before it gets to that point. (Note - this is not legal advice just an opinion)

2007-10-16 12:50:03 · answer #2 · answered by JS 3 · 0 0

Yes. However, just contact the vendor that you wrote the check to, let them know you are aware of the problem and are willing to pay the amount for which the check was written, any fees for which they were charged by their bank, along with the fine the they require. If you make it right, w/o the vendor having to hunt you down, no problem.

2007-10-16 12:45:58 · answer #3 · answered by friend of thespis 1 · 0 0

If they gave you notice it bounced and you don't make good on it within whatever your state law requires (usually a day or two), certainly. It's called larceny by check or a variant of that.

2007-10-16 12:32:52 · answer #4 · answered by thylawyer 7 · 0 0

sure but just go over there and make the check good. they would rather have the money then the aggravation.

2007-10-16 12:32:02 · answer #5 · answered by Barry C 7 · 0 0

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