Legal Question in Criminal Law in California
My $10 check bounced--now I am being prosecuted?!
I wrote a check for $10 to the local animal shelter for medication for a cat I adopted that turned out to be quite ill. Apparently the check bounced (the $50 check for the adoption went through just fine...). Without notifying me that my check had bounced, the animal shelter filed a Bad Check case with the DA's office. I have received notice to pay $180.00 and attend a day-long ''Financial Accountability'' class an hours drive away. That's $180 PLUS a full day of childcare for my 3 children. I have NEVER had anything like this happen before and I have no criminal recored. The letter I received does not indicate that I have any recourse. I really find it difficult to believe that I have to pay so much and spend an entire day an hour away from home (and children) over a $10 error!! The letter does say that I am not to contact the animal shelter. Do I have any recourse? Thank you.
3 Answers from Attorneys
Re: My $10 check bounced--now I am being prosecuted?!
You have every right to tell your story. This animal shelter is a disgrace! Tell everyone about what they did to you.
Re: My $10 check bounced--now I am being prosecuted?!
Respond to the DA by mail and explain the situation, with an offer to pay the bounced check fee of $15 or so imposed by the shelter's bank - enclose a cashiers check or money order made payable to the shelter for that amount plus the original $10. The only way the DA can force you to do anything is by filing a criminal charge against you, which is unlikely. If they do, go to court and explain to the judge, take a copy of your letter to the DA with the new check, including the $50 one they cashed.
Re: My $10 check bounced--now I am being prosecuted?!
The DA has no power to order you to do anything. Only a court may order you to pay money or attend classes. It is entirely possible you might be able to beat a bad check charge if the DA were to file one (I haven't read the letter you received, but your email suggests this is the underlying threat). It is only a crime to -intentionally- write a bad check. The first thing I would do if I were you is to contact a local newspaper or TV reporter. Then I would take the animal shelter to small claims court for $5000 for abuse of process and unfair debt collection / business practices. Also, while I am doubtful the DA's warning not to contact the animal shelter has any legal basis, the DA certainly cannot prohibit an attorney from contacting the animal shelter on your behalf. Maybe you can find a local attorney who will write the animal shelter on his or her letterhead for $50 (cash) and threaten the animal shelter with litigation, which is another way this might all go away. But the newspaper reporter option is the best.
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