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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4492
Experience:  Almost 12 years of legal experience, primarily in criminal law
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If a person wrote a check to me knowing that he did not have

Customer Question

If a person wrote a check to me knowing that he did not have the funds in his account to cover the check and that he would not get found out for at least 8 days.. is that a criminal act? Is that fraud? And, by the way I still have not been paid and it has been since Sept 12
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.

Yes, the person is both criminally and civilly liable. You can contact your local police to make a complaint. If the police decline to charge the person, find out where you can go to file charges yourself (you can usually go to either a court commissioner or the prosecutors office to make the charges). Make sure you bring with you the check with the stamp from the bank dishonoring the check.


Also, you can go to the small claims court and file a suit against the person for the amount of the check (plus any bank fees that you might have been hit with as a result of the check bouncing).


Good luck.

Customer: replied 8 years ago.
if the check was written for $3,000 does that make it a federal case?
Expert:  Hammer O'Justice replied 8 years ago.
The Feds don't usually get involved in bad check cases. However, it does make it a felony case at the state level.