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Loren
Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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We got a check of $1600 from a customer and it was returned

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We got a check of $1600 from a customer and it was returned from the bank stating that the account was closed. We tried to contact the customer but she is no where to be found. What can we do? We have a copy of her driver's license. Can we do something with her license information?
Thank you for using JustAnswer. I am LawGuy and I will do whatever I can to answer your question.

Writing a check without sufficient funds may be a crime. If you believe you were a victim of criminal conduct, you should bring the matter to the attention of the police department, sheriff's office or the district attorney in the county where the alleged conduct took place.

California Civil Code section 1719 allows the payee of a bad check to recover three times the amount of the check, up to $1500, if certain conditions are met. A cause of action under this law may be brought in small claims court, if the claim does not exceed $10,000, or in any other appropriate court. You may be able to get information from the police as to the customer's current location, or you can hire a skip tracer.

I hope this is helpful.

LawGuy
Customer: replied 4 years ago.


what's the name of the crime? is it in the criminal code? is there any faster way to resolve the issue before filing a police report?

The following link is the relevant section of the California penal code: http://law.onecle.com/california/penal/476a.html

If you can find the customer you can try to resolve it, but I would not wait to file the police report.

LawGuy
Loren and 4 other Business Law Specialists are ready to help you
Customer: replied 4 years ago.


what other information should we have gotten when we receive a check? can we ask for their social security number? but what if they give a false number....are there any other tips that we could use as a precaution to prevent this from happening again?

Sorry for the delay. I was out when you replied.

You can not legally require a ss# XXXXX a check but you can ask.

It sounds like you did everything you can do. If you do business with a lot of check paying customers you are going to have a certain percentage of bad checks as a cost of doing business.
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