Legal Question in Criminal Law in California
HI
I live in California, someone wrote me a bad check for $3000. I want to press criminal charges against her so I sent a certified letter of demand to her work place with regards to penal code 476. She or someone there told the Postman that she had moved and left no forwarding address. This person is the owner of the business the letter was sent to and has been there consistently and still is currently. What do I do? Is that legal?
Thanks
Hillary
2 Answers from Attorneys
You cannot "press criminal charges" against anyone. Only the District Attorney can file a criminal case. If you believe you've been the victim of a crime, contact your local law enforcement agency. They will take a report and forward it to the DA, who will decide whether to prosecute.
Some DA offices also have bad check units. If there's one in your county, you can contact them directly.
There is no law that says someone has to accept a certified letter.
I agree with Mr. Marshall with respect to his answer as it pertains to your criminal law questions. With that said, have you considered a civil suit for the bounced check. California Civil Code section 1719 provides for various penalties for returned checks, and a treble damages provision if a certified mail demand for payment is refused.
Notwithstanding any penal sanctions that may apply, any person who passes a check on insufficient funds shall be liable to the payee for damages equal to treble the amount of the check if a written demand for payment is mailed by certified mail to the person who had passed a check on insufficient funds and the written demand informs this person of (A) the provisions of this section, (B) the amount of the check, and (C) the amount of the service charge payable to the payee. The person who had passed a check on insufficient funds shall have 30 days from the date the written demand was mailed to pay the amount of the check, the amount of the service charge payable to the payee, and the costs to mail the written demand for payment. If this person fails to pay in full the amount of the check, the service charge payable to the payee, and the costs to mail the written demand within this period, this person shall then be liable instead for the amount of the check, minus any partial payments made toward the amount of the check or the service charge within 30 days of the written demand, and damages equal to treble that amount, which shall not be less than one hundred dollars ($100) nor more than one thousand five hundred dollars ($1,500). When a person becomes liable for treble damages for a check that is the subject of a written
demand, that person shall no longer be liable for any service charge for that check and any costs to mail the written demand.
(Civ. Code, sect. 1719 subd. (a)(2).)
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