How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32324
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
11068102
Type Your Criminal Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

The State of California sent me a check which I deposited into

Customer Question

The State of California sent me a check which I deposited into my bank account. The check was returned for NSF. Needless to say, the bank charged me fees and penalties, overdraft fees, etc. and most importantly, it affects my credit rating and good customer status with my bank. I contacted the State's payroll service and they are looking into it.

My question to you: Isn't it a fraudulent act when someone (an individual, a government or the man on the moon) writes you a check, signs it, puts a stamp on it and mails it to you knowing that there are not sufficient funds in the account the check was written on? I heard that the State of California is contemplating to start issuing IOUs. I understand that. However, once a check is issued and mailed, wouldn't it be considered a criminal act? If so, and if I have a legal ground, could I sue the State of California or is it more a question for the Attorney General?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 7 years ago.
You can file suit, you can file a claim with the Labor Board, or you can try to file criminal charges. The best solution is to start with the Labor Board because giving an employee a hot check for payroll can result in extra damages being owed to the employee.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.

Related Criminal Law Questions