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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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a client sent a NSF check from California to us in NCarolina

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a client sent a NSF check from California to us in NCarolina for $6500. i have used collection agency and they sent demand letter and no response. Can i initiate a criminal case through DA in LA?
Thank you for your question.

If the client at the time of writing was aware that he had no funds to cover the check amount, then what he committed was very much check fraud. You can actually contact the local DA, since the offense took place in North Carolina as that is where the bank was presented a fraudulent check. North Carolina would be the proper venue for pursuit of charges.

Good luck.
Customer: replied 6 years ago.
The cost of filing in NC and then issuing a case in CA through a lawyer here would be off the scale. I already know this ! - i know i can file in CA, either small claims for $5k limit but can i issue a warrant through the DA as this is a felony in CA? & can i file a case in civil court without a lawyer or is that required?
Thank you for your follow-up.

While I was waiting for your response I actually ended up discussing your situation with other experts. The fact is you can bring charges in either state. North Carolina has the right to file because that is where the fraudulent check was presented to the bank. California has the right to file because that is where it can be argued the fraud was perpetuated and the check signed.

However, if you actually want to prosecute, neither state is going to much want to take jurisdiction. California -- the check was written there and it's the California bank that lacks the funds to send to North Carolina. It would mean that you would have to end up going up to California to press charges. But at least once you did that the other party could be arrested if California is willing to take the case.

Hope that clarifies.
Customer: replied 6 years ago.
i need to initiate something as he simply has no incentive to pay - he wrote a bad check and won't even answer a collection agency [CoFace has dropped the collection]. so your answer is still saying it is up to me.
so, again, can i file a small claims and as my amount is more than the $5,000 limit - can he simply ask for a redirect to a civil court or will it stick and if i file, do i loose the NSF felony possibility [this is a LLC and not a private person]?
Thank you for your follow-up.

As the owner of the debt, it is always up to you whether or not to pursue.

You CAN file in small claims in California and pursue the debt in that manner, and he can absolutely attempt to remove the case to civil court where you would need to obtain counsel most likely to assist you. If you are suing as a corporation, then yes, a $5,000 limit applies. If you are suing as an individual who was defrauded, you can demand up to $7,500.

Criminal and civil options are separate; you are not barred or limited from pursing this in civil court while at the same time pursuing this criminally. A corporation can be criminally charged also.

Good luck.
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