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If I did work for someone and they paid by check and the check

Customer Question
did not clear and the...
If I did work for someone and they paid by check and the check did not clear and the company says they are bankrup can I go to the police and have them arested
Submitted: 8 years ago.Category: Business Law
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Answered in 8 minutes by:
5/1/2009
Business Lawyer: J.Hazelbaker, Attorney replied 8 years ago
J.Hazelbaker
J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4,385
Experience: Experienced and trained in the area of business law.
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Yes. Passing a bad check with knowledge that the check will be dishonored is a crime under California law. You can file a criminal complaint and the entity can be prosecuted.

In addition, you can file a small claims lawsuit against them and get up to three times the value of the check up to $1500. The company would have to actually file for bankruptcy (rather than just saying they are bankrupt) and discharge the debt they owe you in order to avoid paying.

The information is provided for discussion and entertainment purposes only. I believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading, accepting, and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!


I appreciate your "Accepting" my answer if it has been helpful to you. Doing so allows me to continue helping in this manner. I will be available for follow-up questions should you have them after you click "Accept". Thank you.

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Customer reply replied 8 years ago
The company was all ready in bankruptcy but ran out of money
Business Lawyer: J.Hazelbaker, Attorney replied 8 years ago
Then you can file a claim in bankruptcy court for your civil remedy.

And bankruptcy does not prevent criminal charges. In fact, it makes them more likely if the check was issued when the company knew it was facing or had already entered into bankruptcy.
J.Hazelbaker
J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4,385
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Customer reply replied 8 years ago
how long after we do a criminal complaint
Business Lawyer: J.Hazelbaker, Attorney replied 8 years ago
Right away. The longer you wait, the less likely the charge will be pursued.
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