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If a check is returned under, UTLA and a check cashing store…

Customer Question
If a check is...

If a check is returned under, UTLA and a check cashing store cashes my check, what do I do as the person who cashed the check that was issued to me?

Lawyer's Assistant: In what state did this occur?

New York

Lawyer's Assistant: Have you talked to a lawyer yet?

No I have not spoken to a competent attorney licensed to practice. Nor do I honestly feel as I should, I simply want clarification.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not at the moment

Submitted: 10 months ago.Category: Criminal Law
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Answered in 12 minutes by:
9/20/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,805
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

If you knew or should have known that the check you presented for cashing was going to bounce, you can be prosecuted for passing the check. You're liable civilly for the bounced check, and your remedy would then be to take legal reprisals against the person who wrote the check.

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Customer reply replied 10 months ago
When a check cashing store receives any check they must verify availability of funds. How could a check be returned or yet an account not be located if a check was presented to the check cashing service and was also verified that the account did indeed exist and that funds were in the account to cover the amount was issued. This is where it can get sticky.
Customer reply replied 10 months ago
Any further thoughts? I just don't understand. I'm not sure if I am covered under the Check 21 act implemented in 2004, any advice would be suffice but it just has to make sense enough for me to follow through in full motion.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

It's really quite straightforward. When you pass a bad check in New York State, it's your responsibility to make it good within 10 days of the notice of the bounce. If you don't, you can be prosecuted. That's NYS's bad check law. The exception is if the check was post-dated and they cashed it anyway.

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Customer reply replied 10 months ago
A check that is returned due to invalid account number is ***** a bad check as well?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

Sorry for the delay. I turned off my computer for the night before you replied.

Any check you cash that bounces is considered a bad check. You have to make that right. Then you go after the person who passed you the bad check.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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