Legal Question in Banking Law in California

California has bad check law and so do other states. Which law applies if an out-of-state consumer writes me a check that bounces? California law or the defendant's states?


Asked on 9/29/09, 7:44 pm

1 Answer from Attorneys

That almost sounds like a law school exam question, and like a good law student I'll answer "It depends." What it depends on is the exact law violated. It's possible both apply. California has an interest in protecting its citizens from bad checks no matter where the account is located. So CA law would probably apply. But what if the check was written out of state and sent to CA? See how quickly it can get complicated.

Short answer, though, if the consumer comes to CA and writes you a bad check, it's the same as if they came to CA and caused a traffic accident here. CA law would apply.

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Answered on 9/29/09, 9:18 pm


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