Legal Question in Criminal Law in California

Re: bad checks

Your question is a little confusing but let me try to answer what I think you mean. I believe you are asking how much time you have to report someone for writing a bad check, is that correct? It depends on the situation. The sooner the better. It also depends on the amount of the check and what the check was for and what the person who wrote the check received in return. California Penal Code Section 476 provides for someone who writes a check with the intent to fictitious receive something in return and the check is written on an instrument that which purports to be from a real financial institute. They may be found guilty of forgery. However, California Penal Code Section 476(a) provides that someone who writes a check and they know there is insufficient funds in the account is guilty of also of forgery. If the check or checks they wrote is less than $200.00 it is generally considered to be a misdemeanor. If the amount is more and depends on how much more as to if the DA will follow through it can be charged as a felony. However, under certain circumstances it could also be considered larceny by false pretense and that would bring up some other penalties. It really depends on the situation. Depending on the situation and the amount the statute of limitations would be between 1 & 3 years.

As to you filing? if you are asking about going after the person who wrote the check for payment then you are talking about seeking restitution through a civil court. That changes the situation and the way to proceed. If you are going after them in small claims court which is for amounts of $7,500.00 or less then you need to check with a small claims advisory clinic, however depending on the causes of action you were to bring against the individual the statute of limitations could be as short as a year or as long as two years. Generally under some contract causes of action you may have three years but I would check that out with a small claims clinic. You really need to narrow your question and be a little more specific. The place to file would be the place where the check was written.

Good luck