It is illegal in U.S to write personal checks that can not be cashed?
I got some personal checks from some that is not my relative nor a close friend. She owes me money, so she decided to write me some personal checks. For the first few checks, it was return because she does not have the money in her bank and i was charged.
Then i always ask the banker to check for her available balance before i cash/deposit the checks. But she never seems to have that money in her checking account. Is only $250 per checks, and some of them have delay for a week according to the date that is written on the checks. All banks have the overdraft features but the bankers still do not recommand me to deposit it. Her bank is Wells Fargo.
It is illegal for her to write checks that cant be cashed? Can i sue her? If yes, how? to whom?
I really do not prefer to sue her, is cost too many time. Should i still deposit the checks to try if the overdraft applies?
Answers:
It is illegal to pass bad checks. If you take them to the local prosecutor's office, they probably have an office that deals with bad check writersl. It is a criminal act.
Not only is it illegal, she could do time in jail.
If you keep on submitting the checks, it will only cost you returned check fees.
If you are serious about this, contact the police.
do not keep depositng her checks it is only costing you $$$$ try to press charges to the police
it is defiantly illegal unfortunately when you ask a bank if they have the funds available all they can say is yes or no if she is your friend she is not a very good friend and you should report her anonymously
In answering this question, yes to an extent it is illegal...What you can do first is just pray for her and second take it to small claims court and sue her...that's considered a form of forgery and forgery is illegal last time I checked. I am surprised that Wells Fargo of all places are allowing her to continue to do that...Do not deposit anymore checks just collect them and save them for court. Also make sure you have bank statements of overdraft fees and whatever else documents you have for this situation...she will be required to pay the money back and probably pay your court cost and fees as well.good luck.
Writing "bad checks" is called fraud in the United States and can be punishable by "jail time."
Even if you write a check today, knowing it will not come back to your bank for two or three days, and deposit money tomorrow, you have committed a crime. When she signed the check, she guaranteed that the money was in the account. If the money was not, she committed fraud.
You don't need to prove anything except that the checks can't be cashed. Go to Small Claim's Court and sue her for the entire amount. Don't try to deposit her checks, anymore. Take them to her bank and try to cash them. If the money isn't in the account, they will just refuse it. It won't cost you anything.
If you sue her and win, she will have to pay your court costs for filing the suit and her wages can be garnished if she fails to pay the full amount on time.
Don't you know that writing "bad checks" it's a crime (anywhere)? It's just the same as passing fake money.
Just go to the police with the bad checks returned from the bank.
You can sue her later and it will be easier having the police report.
I urge you to take her to a small claim court and sue her. You have to write her a letter and make a copy of her checks that she gave them to you. Then make sure you send a register mail and make her signs. In your letter I urge you asking her to deposit money into her bank account then you will be able to cash her cheques. Before you send a letter you need to zerox all the copies of your document. Wait for her returns, if you do not hear from her then you file a sue at small claim court near by your home. Do not be afraid of doing it. The court has people advice you to fill up the form and explain the court procedure. I did with the cleaner before and I won my case.
It is about time to get money back and she broke the Law. Let's do something right and no point going to the bank. Good luck my friend and come back to tell the story.
Not only can you sue, but you might want to report it as a crime. Writing checks with the knowledge that they are bad is
form of fraud, and stealing.
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