Legal Question in Business Law in California

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


Asked on 9/29/09, 7:41 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I assume you are talking about a civil action and not a criminal complaint. There are two jurisdiction issues: subject-matter jurisdiction, i.e., what court has the power to hear the case and render a judgment; and personal jurisdiction (relating to service of process on the defendant).

California would have subject-matter jurisdiction because the statute (Civil Code section 1719) places liability on a person who delivers a bad check as well as one who writes a bad check, and the check is probably deemed delivered when you open the envelope in which it was mailed.

The state where it was written likely has a law placing liability on the writer for the act of writing a bad check. If so, your civil suit could be brought in either state.

There are additional issues connected with obtaining personal jurisdiction, especially if you planned to use a small claims action; you may have to effect service of process within California.

I'd obtain and read the entire text of Civil Code section 1719. It is a bit lengthy.

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Answered on 9/29/09, 8:18 pm


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