Legal Question in Criminal Law in California

Fraud Check bounced on closed account

I wrote a check with my check account that was closed in January last year. I was told by the merchant who came to my house in person to pay him the 911.00 by friday today is wednesday. I want to pay him i am just not sure If I can get him the full total by friday. What should I do what are my options? What are the possible consequences?

Sincerely,

Alex


Asked on 3/24/04, 12:25 pm

3 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Fraud Check bounced on closed account

Pay him as much as you can, as soon as you can. Make arrangements to have him paid in full as soon as possible.

The worst that could happen is the D.A. filing criminal charges against you and the merchant could recover three times the amount of the check from you (although his recovery is capped at the amount of the check + $1,000, I think).

The faster you pay, the more likely you are to avoid these consequences. I would apologize, get on a payment plan, and stick to it.

Best of luck,

Ben

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Answered on 3/24/04, 1:04 pm
Ronald Richards Law Offices of Ronald Richards and Associates

Re: Fraud Check bounced on closed account

I would pay him. Or ask him for payment plans. If he threatens you with criminal prosecution, then that is extortion.

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Answered on 3/24/04, 2:01 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Fraud Check bounced on closed account

In addition to the above advice, do not explain why you wrote the check on a closed account. Any such statement could be used against you if criminal charges are file. A simple statement that you are sorry for the inconvience is a sufficient explanation.

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Answered on 3/24/04, 8:19 pm


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