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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.
As defined under California Penal Code Section 476a, writing a check while knowing that funds are insufficient can be charged as a misdemeanor offense that can result in sentence of up to one year in county jail.
Knowingly writing a bad check is an act of fraud, and is punishable by law. Writing bad checks is a crime. Penalties for people who tender checks knowing there are insufficient funds in their accounts vary by state.If the check amount exceeds certain thresholds, the crime may be treated as a felony.
Writing bad checks can lead to several theft charges, but with the help of a skilled defense attorney, you can work to reduce or even dismiss charges.
Step 1: Contact The Issuer Of The Check. Announce the situation to the issuer by phone (some state laws restrict calling between 8 a.m. and 9 p.m. local time). Step 2: Try To Cash The Check Again. Step 3: Send A Demand Letter. Step 4: Sue In Small Claims Court.
Dispute The Debt: Ask the debt collector to verify the debt in question. Send a certified letter (and request a return receipt) asking for verification. Keep a copy for your records. The bad check restitution program must respond to you within 30 days or drop the case.
If you have received any check for which payment was refused for either lack of funds or no account, you may sue the maker of the check for the amount of the check and, in some instances, additional damages. Civil damages for writing bad checks are provided for and fully set forth in OCGA 13-6-15.
It is also a crime to forge a check or write a fake check. If you believe you are a victim of a crime, report this to your police department, sheriff's office, or district attorney's office. You may also sue someone who writes you a bad check without having a valid reason for doing so.