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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33922
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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The State of California sent me a check which I deposited into

Customer Question

The State of California sent me a check which I deposited into my bank account. The check was returned for NSF. Needless to say, the bank charged me fees and penalties, overdraft fees, etc. and most importantly, it affects my credit rating and good customer status with my bank. I contacted the State's payroll service and they are looking into it.

My question to you: Isn't it a fraudulent act when someone (an individual, a government or the man on the moon) writes you a check, signs it, puts a stamp on it and mails it to you knowing that there are not sufficient funds in the account the check was written on? I heard that the State of California is contemplating to start issuing IOUs. I understand that. However, once a check is issued and mailed, wouldn't it be considered a criminal act? If so, and if I have a legal ground, could I sue the State of California or is it more a question for the Attorney General?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 8 years ago.
You can file suit, you can file a claim with the Labor Board, or you can try to file criminal charges. The best solution is to start with the Labor Board because giving an employee a hot check for payroll can result in extra damages being owed to the employee.

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