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What to do when someone writes you a bad check?

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Rooster Cogburn Profile
Rooster Cogburn , Rooster Cogburn, answered

I would confront the person who wrote it and tell them you want cash now. Not much you can really do except keep going to their bank and check and see if they have the funds to cash it.

John McCann Profile
John McCann answered

Contact the district attorney. If he determines it is a civil instead of a criminal matter you can bring suit in small claims court or turn the check over to a collection agency.

You can ask the person to honor the check first.

Lynn Blakeman Profile
Lynn Blakeman answered

The first thing to do when someone writes you a bad check is to let them know. It may have been done in error, and the person will probably write you another and apologise profusely.

However, if you feel it has been done on purpose, or if the second check bounces too, it is time to go down the legal route.

It is illegal to write a check for an amount that you know you don't have so the person can be prosecuted.

However, I think we all stand a chance of writing a check for something forgetting that a large amount is being taken from our account at the same time, potentially resulting in the check being returned, that's human error and not intentional.

In the US, the laws on bad check penalties differ from state to state so if you live in America you may want to check that. A good place to start is http://www.ckfraud.org/penalties.html

Other countries will have their own laws so if you are elsewhere you will need to look into that, but the law is definitely on your side.

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