The guilty party of a fraudulent check is usually the person who signed the check, but it could also be the person who fraudulently passed it on, or even a third party who endorsed and passed the check on to another.. On stop payment, 15 days following written demand to drawer's last known address, holder may collect fee not to exceed ; failure to make restitution and pay collection fee will result in liability of twice the amount of check but in no event less than . Amount of check plus lessor of: if no bank account - 0 or amount of check; or if insufficient funds - 0 or amount of check.
The bidder may recover damages in an amount equal to 0 or treble the amount, whichever is greater, except that damages recovered under bad check law may not exceed the amount of the check by more than 00. Statutory form of notice must be sent at least two times.
Always consider your goal: to recover the money or punish the check writer?
“[The dealer] would deposit the postdated check as stated, right? And because the bank processed the check before the date she’d written, M.’s account was overdrawn and she was hit with fees by her bank. to provide a postdated check, it also wasn’t illegal for the dealership to deposit the check or for the bank to take out the funds needed to cover that check, regardless of the date.Bad checks, also known as NSF checks, bounced checks, rubber checks, insufficient checks, bogus checks, etc., can be a big problem for an individual or for any size company.There are both civil and criminal penalties for this unlawful act, although it is much more costly and difficult to prove a criminal case.That individual may move, or change addresses, and not realizes that the check bounced. The State Attorney's office then acts as a collection agency and criminalizes the conduct even though the defendant had no intention of stealing.