Legal Question in Business Law in Massachusetts

Re: bad check for services rendered

If the check is for services rendered before delivery of the check, it is not a crime. If the check was given before the services were rendered, then it is a crime if it was intentional. The "bad check" statute requires that a letter be sent return receipt requested giving notice of the bad check and an opportunity to make good on the check. If it is not made good, then you can go to the district court and seek a criminal complaint.

Re: bad check for services rendered

No, it's not fraud absent an intent to defraud.

There could be a variety of "innocent" reasons why the check wasn't honored, including clearance policies of a bank, misprocessing, or an error on the part of the person writing the check as to how long deposits take to clear.

The first step is to call the person who wrote the check to let them know that the check bounced (and that you want a "bank check" in its place.) If that doesn't work, you need to go through the formal procedure for a dishonored check, as noted in another answer.

Re: bad check for services rendered

As others said, it may or may not be fraud and you may or may not be successful in swearing out a criminal complaint. What you really want is the money and if the debtor doesn't want to make good on the check, you should consider hiring a colletions attorney who can help you recover the money.

Re: bad check for services rendered

Only if payment is still not received after they have received a proper demand letter via return receipt requested mail can you seek a criminal complaint. Good Luck!

Re: bad check for services rendered

Any person who issues a check which is dishonored, either because the maker has no account with the bank on which it is drawn or because the maker has insufficient funds on deposit therein, is liable to the payee the amount of the check and additional damages, as determined by the court, in an amount not less than $100.00 and not more than $500.00, if he fails to pay the maker the amount of the dishonored check within 30 days following a written demand. The written demand must be sent to the maker by regular mail and by certified mail with return receipt requested (MGL 93,Sec. 40A.). There is a corresponding statute which allows for criminal penalties, depending upon the amount of the check, of up to $300 fine or one year in jail, up to $600 fine and up to 2 years in jail or up to 5 years in the penitentiary. There is a presumption of an intent to defraud if the drawer fails to honor the check within the prescribed statutory time period (30 days). Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.;)