Writing a bad check, is that a misdemeanor ?

[isekii]

I did not write the bad check but received one.
What is the penalty for this crime ?

The state in question is New York.

Thank You

 

[ElFenix]

7 years bad credit? i don't know

 

[boggsie]

I believe that it depends upon the amount of the check.

For example, willfully passing a bad check for $25,000 is undoubtedly a more serious crime than mistakenly passing one for $50.00.

 

[Eli]

Originally posted by: boggsie
I believe that it depends upon the amount of the check.

For example, willfully passing a bad check for $25,000 is undoubtedly a more serious crime than mistakenly passing one for $50.00.

You would hope, at least.

 

[isekii]

Originally posted by: boggsie
I believe that it depends upon the amount of the check.

For example, willfully passing a bad check for $25,000 is undoubtedly a more serious crime than mistakenly passing one for $50.00.

what about purposely passing one for an amount under 100 bucks ?

 

[Ime]

Check here.

 

[isekii]

Originally posted by: Ime
Check here.

Cool
thanks.

I guess sending a certified letter to the person that wrote the check out with a print out of that might make them want to payup 🙂

Give them a chance to pay up instead of charging at their door.
Outcome should be interesting.

 

[Ime]

Originally posted by: isekii

Originally posted by: Ime
Check here.

Cool
thanks.

I guess sending a certified letter to the person that wrote the check out with a print out of that might make them want to payup 🙂

No sweat, Google is your friend.

Also consider calling your local police, many cities have a "worthless check" unit. The person who wrote that check may have a criminal history.

 

[isekii]

Originally posted by: Ime

Originally posted by: isekii

Originally posted by: Ime
Check here.

Cool
thanks.

I guess sending a certified letter to the person that wrote the check out with a print out of that might make them want to payup 🙂

No sweat, Google is your friend.

Also consider calling your local police, many cities have a "worthless check" unit. The person who wrote that check may have a criminal history.

Yes I plan to do that, i told the person who wrote the bad check, they have time till early next week before I head over to the police station.

 

[boggsie]

Originally posted by: Ime
Check here.

That page brings up (reminds of) a VERY interesting point. Civil penalties are completely separate from criminal. You could turn the person in to the authorities for the criminal offense, and then file a civil suit for the cash, along with loss of use of the money (interest), pain and suffering (the thought of being taken advantage of) and punitive damages (civil court teaching a lesson).

 

[isekii]

Originally posted by: boggsie

Originally posted by: Ime
Check here.

That page brings up (reminds of) a VERY interesting point. Civil penalties are completely separate from criminal. You could turn the person in to the authorities for the criminal offense, and then file a civil suit for the cash, along with loss of use of the money (interest), pain and suffering (the thought of being taken advantage of) and punitive damages (civil court teaching a lesson).

hehe yea 😉 I wouldn't mind seeing that biotch get some jailtime. I highly doubt it tho. Prolly get a slap on the wrist I think.

 

[Ime]

Originally posted by: isekii

Originally posted by: boggsie

Originally posted by: Ime
Check here.

That page brings up (reminds of) a VERY interesting point. Civil penalties are completely separate from criminal. You could turn the person in to the authorities for the criminal offense, and then file a civil suit for the cash, along with loss of use of the money (interest), pain and suffering (the thought of being taken advantage of) and punitive damages (civil court teaching a lesson).

hehe yea 😉 I wouldn't mind seeing that biotch get some jailtime. I highly doubt it tho. Prolly get a slap on the wrist I think.

From what I understand, you have to write many many many bad checks to get into really serious trouble. However, if you think the bad check was intentional, I do recommend you call the police. Even if they don't do something right now, they can keep track of her and eventually they might do something about it.

 

[isekii]

Originally posted by: Ime

Originally posted by: isekii

Originally posted by: boggsie

Originally posted by: Ime
Check here.

That page brings up (reminds of) a VERY interesting point. Civil penalties are completely separate from criminal. You could turn the person in to the authorities for the criminal offense, and then file a civil suit for the cash, along with loss of use of the money (interest), pain and suffering (the thought of being taken advantage of) and punitive damages (civil court teaching a lesson).

hehe yea 😉 I wouldn't mind seeing that biotch get some jailtime. I highly doubt it tho. Prolly get a slap on the wrist I think.

From what I understand, you have to write many many many bad checks to get into really serious trouble. However, if you think the bad check was intentional, I do recommend you call the police. Even if they don't do something right now, they can keep track of her and eventually they might do something about it.

The account was closed and the check was wrote out.
Thank god my bank only charges a $10 dollar return check fee.

Will head down to the popo station monday 😉

 

[fatkorean]

So what happend? was it from the FS/FT forum?

Also you should charge him a bad check fee.. usually like 25$ 😛

-fk

 

[isekii]

Originally posted by: fatkorean
So what happend? was it from the FS/FT forum?

Also you should charge him a bad check fee.. usually like 25$ 😛

-fk

nah it wasn't from FS/FT. It was a off the internet type of matter 😉
Yea most banks usually charge like 25-30 bucks but i'm glad my bank charges only $10 bucks.

 

[Roadraider]

Well, my sister-in-law the lawyer says that it depends if the check was knowingly written bad. Since this guy closed the account yet wrote the check, he is in deep poop. Call his local police dept. or his state's attorney general. You can get him for quite some dough if you choose to 🙂

 

[isekii]

Originally posted by: Roadraider
Well, my sister-in-law the lawyer says that it depends if the check was knowingly written bad. Since this guy closed the account yet wrote the check, he is in deep poop. Call his local police dept. or his state's attorney general. You can get him for quite some dough if you choose to 🙂

lol that's sweet.
but I'll be glad to just get the amount + the service charge.

 

[tcsenter]

It has to be written knowing it was bad. Such as writing a check on an account that was closed and the writer knew it was closed. A pattern of this kind of thing can also be construed as a crime. But one check? Probably not a crime.

You are, however, entitled to any fees or expenses that you may have incurred because someone wrote you a bad or NSF check.

 

[digitalsm]

Any bad check knowingly or unknowing is a crime if the person doesnt clear the matter up within 10 days after they were given a written notice of it being bad. If they dont pay up its a crime, in most states the person wont see any jail time, although over $1000 is usually a felony even then its likely they will get probation and/or a fine unless they have prior history of writing bad checks.

Dont expect the police/DA to do anything unless its over $100 or it was to say your company. Even then you still will likely have to give them a notice of it being bad, if you dont the police cant do anything. Even if the police/da did go after the person, they can still plea out and have the charges dropped if the pay for the check, as well as court and DA fees.