Legal Question in Criminal Law in California

bad check

I have a check cashing business,and i cashed a $4800.00 check which came back nsf. I call the owner of the business and he told me to put it again. Second time the check came back stop payment. Can i file a police report and da, and also what is better small claims court or superior court. Can i also legally try to collect from the person who brought the check to cash.


Asked on 4/07/09, 10:12 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Re: bad check

Yes, you can report it to the police. They will take a Penal Code section 476 report to cover this. Your DA's office may also have a bad check program.

Can you sue as well? Yes. My first step would be to report it to the police though. If the person is charged and convicted, they will be ordered to pay restitution to you. You'll get your money back without having to go through filing a small claims action against them.

Of course, you're free to file small claims as well. Don't let too much time lapse and miss your statute of limitations.

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Answered on 4/08/09, 2:32 pm


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