Legal Question in Criminal Law in California

Bad Check

I have a check written to me on 10/31/06 for $2,600.00 which for the 6 months the back said NSF. Can I still prosecute this person, and attempt to get my money back? Also, if I can how do I get him?


Asked on 8/20/08, 4:49 pm

1 Answer from Attorneys
Brian McGinity McGinity Law Office

Re: Bad Check

You have a couple of options. First you can sue the person in small claims court. You are probably entitled to at least the amount of the check and you may be entitled to interest at the legal rate of 10%. Second, I believe the statute of limitations regarding the criminal aspect is only a year from the date of the fraud. Which in is this instance would probably prohibit a criminal complaint from being filed. The year date would probably be the date the check was first returned. However, take it to the DA anyway and see what they say. It can't hurt.

Good luck

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Answered on 8/20/08, 6:33 pm


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