The bad check law of California recognizes the act of knowingly writing a bad check as a punishable crime. 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.
What’s the punishment for writing bad checks?
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.
How do you prosecute someone for writing a bad check?
If you want to sue for the amount of the check plus damages, you must first send a demand letter to the person who gave you the bad check. If you send a demand letter and are paid the amount of the check and bank fees within 30 days, your claim is resolved. You can no longer file a lawsuit.
Is it a crime to write a bad check?
Writing a bad check, even of a small amount, is a crime in all 50 states. Non-sufficient funds’ cases, where the check bounces due to lack of money in the account, are prosecuted both as misdemeanor and felony cases every day. However, to successfully prosecute a bad check a specific process must be followed.
What to do if you get a bad check from a bank?
If the bad check writer honors the check, he or she must usually pay the amount of the check plus a reasonable processing fee and the cost that the bank may have charged you for the bad check. If the bad check writer does not honor the check, you may proceed by going to small claims court to pursue the case yourself.
How long does a bank have to honor a bad check?
Send the letter certified. The bad check writer may have between 10 and 30 days to honor the check without facing additional civil or criminal liability. If the bad check writer honors the check, he or she must usually pay the amount of the check plus a reasonable processing fee and the cost that the bank may have charged you for the bad check.
Can you file bankruptcy if you have a bad check?
If you file for bankruptcy and have hot checks outstanding it might make your bankruptcy case a bit more complicated. For the most part, bad check debt is dischargeable in bankruptcy, but since each case is unique, you should obtain legal advice on your bad checks before filing bankruptcy.
