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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16387
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I had a checking account and deposited a 23,900 check from

Customer Question

i had a checking account and deposited a 23,900 check from my 401k account. the funds were not immediately available as i thought and the check was returned nsf. i paid a bill using 20,400 of the money. the remainder was left in the account. the account has been closed. the bank kept the balance that was remaining in the account in good funds from me of $3500. i got a certified letter today for payment of the balance and i have $17500 of the 20,400. can i be arrested at this point since i have paid 3500 and am trying to pay the 17500?
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 month ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Why was the check returned NSF?

Did you repay the entire amount to the bank?

Have you been questioned or arrested by the law enforcement yet?

Customer: replied 1 month ago.
the money had not been deposited from a stock purchase. the bank kept my remaining balance in my account to off set the check so the check was 23,900. they kept $3500 that was my checking account balance on good funds and i have $17500 in cash to pay. i would still be about $3000 short.
Customer: replied 1 month ago.
no the letter says i have 10 days from the date of receipt of the certified letter.
Expert:  Alex J. Esq. replied 1 month ago.

Thank you for your follow up.

Did you communicate with the bank?

Are you going to be able to return the fund before the 10 days are over?

Have you been questioned by the law enforcement yet?

Customer: replied 1 month ago.
the bank has called and is calling every day. so i told the manager i have the 17500 but they want all or nothing though they have already gotten sort of the money from the check from what my bank balance was. no law enforcement contact.
Customer: replied 1 month ago.
they have already gotten some of the money as payment against the check from my remaining funds
Expert:  Alex J. Esq. replied 1 month ago.

Thank you for your follow up.

Are you going to be able to return the fund before the 10 days are over?

Customer: replied 1 month ago.
i just want to clarify i have 10 days by law in ga to return the full amount. 10 days from receipt of the certified mail.
Expert:  Alex J. Esq. replied 1 month ago.

Thank you for your follow up.

I cannot comment on your specific case, but issuing a bad check for more than $500 is considered deposit account fraud, which is a felony punishable by up to 3 years in prison upon conviction.

Unfortunately, there is no 10 day period to pay back funds obtained by the deposit account fraud (bad check) and while the bank might allow 10 days for the funds to be paid back, the bank can still file criminal charges, even if the entire amount is paid back, so it is important to consult and retain an experienced local criminal defense attorney and to have this local criminal defense attorney handle the matter and any and all communications with the bank and/or law enforcement.

You can find an experienced and skilled local criminal law attorney by using this established and reputable attorney information / referral websites:

www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to criminal law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter will be heard.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and good luck!

Expert:  Alex J. Esq. replied 1 month ago.
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