Legal Question in Criminal Law in Maryland

Third Party Rights - Bad Check

1. Check is written to store.

2. Check is returned NSF

3. Store turns it over to third party collections.

4. Collections asserts they have paid store for check.

Does the store or the third party collection agency have the right to file for criminal prosecution?

Specifically what Maryland code/rule applies to this scenario?


Asked on 7/17/09, 10:45 pm

2 Answers from Attorneys
William Welch William L. Welch, III Attorney

Re: Third Party Rights - Bad Check

Anyone can make a complaint, but the State's Attorney decides whether to prosecute.

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Answered on 7/18/09, 10:08 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Third Party Rights - Bad Check

Passing a check with the intent to obtain property with a value of more than $500 carries stiff penalties to include 15 years and fines up to $1000.

There is a presumption of knowledge of insufficient funds.

Contact me should you need legal representation.

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Answered on 7/17/09, 11:42 pm


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