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Oregon Notice of Dishonored Check - Civil - Keywords: bad check, bounced check

State:
Oregon
Control #:
OR-401N
Format:
Word; 
Rich Text
Instant download

Description

This is a Notice of Dishonored Check (Civil). A "dishonored check" (also known as a "bounced check" or "bad check") is a check which the bank will not pay because there is no such checking account, or there are insufficient funds in the account to pay the check. In order to attempt the greatest possible recovery on a dishonored check, the business owner, or any other person given a dishonored check, may be required by state law to notify the debtor that the check was dishonored.


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FAQ

Writing a bad check is considered a wobbler crime in California, meaning it can be charged as either a misdemeanor or felony depending on circumstances of the crime. If the value of the check was under $450, the offense is generally charged as a misdemeanor. If the amount is over $450, you can be charged with a felony.

Knowingly writing a bad check is an act of fraud, and is punishable by law. Writing bad checks is a crime.Civil penalties apply in all cases, with a common penalty amount equivalent to the check's face value, a multiple of the check amount with a cap, or the check amount plus court and attorney fees.

Whether you write or receive a bounced check also called a nonsufficient funds, or NSF, check it will cost you.If you receive and deposit a check that bounces, you'll owe a fee to your bank for returning the check, in addition to having the headache of recovering the money you're due.

Use a Bad Check Notice to let a check-writer know that their check hasn't been accepted by the bank, and that they still owe you money.Depending on your state, there may be additional requirements or limitations on bad check notices, so you'll want to check your local laws.

Under criminal penalties, you can be prosecuted and even arrested for writing a bad check. A bounced check typically becomes a criminal matter when the person who wrote it did so intending to commit fraud, such as writing several bad checks in a short time frame knowing there is no money to cover them.

If you are given a bad check, you can sue for the amount of the check plus bank fees. You can also add damages to your claim.

Contact Your Customer. The first step to take in reporting a bad check is to contact your customer by phone or by mail. Contact the Bank. Notify Credit Reporting Services. Contact the Better Business Bureau. Contact the Police.

Send the letter certified mail. Visit your local district attorney's office if you do not hear back from the debtor. Bring your correspondence with you and a copy of the bad check. He will take the case over, and likely prosecute the check writer.

Penal Code 476a PC is the California statute that makes it a crime for a person to write or pass a bad check, knowing there are insufficient funds to cover payment of the check. The offense can be charged as a felony if the value of the bad checks is more than $950.00. Otherwise, the offense is only a misdemeanor.

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Oregon Notice of Dishonored Check - Civil - Keywords: bad check, bounced check