Legal Question in Consumer Law in California
when a check is written on a account tht was frozen and the bank returns the check to the merchant. Can the bank prosecute the writer of the check or does the merchant do that?
Asked on 2/27/11, 11:47 pm
1 Answer from Attorneys
Michael Stone
Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
The district attorney would prosecute based on a complaint that would probably result from the merchant, and not the bank, calling the police. Whether writing a check on an account that is "frozen" (whatever that means) is a crime, depends on whether the drawer of the check knew of the problem with the account when he or she passed the check.
Answered on 2/28/11, 1:31 am
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