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socrateaser
socrateaser, Attorney
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Experience:  Retired (mostly)
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What does endorsement cancelled mean My rentors check was

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What does endorsement cancelled mean? My rentor's check was returned to me unpaid with this stamped as the reason. What recourse do I have? Is this something I can report to police? Can I now evict him?
Submitted: 4 years ago.
Category: Business Law
Expert:  socrateaser replied 4 years ago.

It means that the bank's right to negotiate the check on your behalf has been cancelled. This could be due to the bank believing that the endorsement is fraudulent, so I wouldn't necessarily jump to the conclusion that the tenant has stopped payment on the check.

 

If it turns out that the check was stopped, that doesn't make the tenant criminally liable for passing a bad check, unless there is evidence that the account had insufficient funds at the time that the check was tendered to you.

 

Regardless, if the tenant doesn't pay rent on time, then you have the right to give three-day's notice in writing and then commence an unlawful detainer action.

 

Hope this helps.

 

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Customer: replied 4 years ago.
The reason I jump to the conclusion of criminal liability is that the check was written from his business account and he signed it. Why was it returned unpaid? Would not passing a fraudulent check be criminal? Who handles bad checks?
Expert:  socrateaser replied 4 years ago.

Why was it returned unpaid?

 

A: Either because the payor stopped payment or because the bank thinks that your endorsement is forged.

 

Would not passing a fraudulent check be criminal?

 

A: Under Penal Code 476a, the payee must have the specific intent to pass a bad check, based on that person's advance knowledge that there is insufficient funds in the account upon which the check is drawn. An NSF report from a bank is presumptive evidence of specific intent to pass a bad check, but the presumption is not conclusive. A jury must still determine from the facts of the case that the payor intended to pass a bad check. The bare fact that the check was drawn on an NSF account does not automatically prove guilt.

 

Probably more info than you wanted to know, but that's the legal theory.

 

Who handles bad checks?

 

A: Local police/sheriff. You can certainly report it, and law enforcement will investigate.

 

 

socrateaser, Attorney
Category: Business Law
Satisfied Customers: 33482
Experience: Retired (mostly)
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