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Ask J.Hazelbaker Your Own Question
J.Hazelbaker, Attorney
Category: Business Law
Satisfied Customers: 4385
Experience:  Experienced and trained in the area of business law.
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If I did work for someone and they paid by check and the check

Customer Question

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
Expert:  J.Hazelbaker replied 8 years ago.
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.

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Customer: replied 8 years ago.
The company was all ready in bankruptcy but ran out of money
Expert:  J.Hazelbaker 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 and 3 other Business Law Specialists are ready to help you
Customer: replied 8 years ago.
how long after we do a criminal complaint
Expert:  J.Hazelbaker replied 8 years ago.
Right away. The longer you wait, the less likely the charge will be pursued.

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