Bouncing Checks - A Crime

[someonesomewhere]

I recently brought my car in for service, and I noticed a little sign up in the dealership at the cashier's window. It was rather sternly worded indicating that bouncing a check is a crime, and that the dealership cooperates with the Pierce County prosecutor's office in bringing criminal charges. A section of RCW was quoted, but I failed to note it.

[Moneedshelp]

I've seen signs like that before. You would think with the banking system the way it is now (checks clear faster) everyone would know and that wouldn't be a problem.

[CleverCynic]

I think places that make their money predominantly on emergencies and unplanned events tend to get burned a lot.

[sgip2000]

Intentionally bouncing a check is a crime in most states. Depending on the amount, it can even be a felony. It's concidered "Theft of service".

[someonesomewhere]

Intentionally bouncing a check is a crime in most states. Depending on the amount, it can even be a felony. It's concidered "Theft of service".

True, but from what I've read proving intent isn't exactly cut and dried.

Found the Washington state law.

RCW 9A.56.060

http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.56.060

[LeslieR]

You can be prosecuted if you fail to make good with a reasonable amount of time. I knew someone in college who ignored a local business that was demanding payment on a bad check -- he didn't have the money -- and he got slapped with a warrant and had to make a court appearance. A small check (I think it was less than 100.) ended up costing him a lot more than that!!

[jq26]

Good friend of mine wrote a few bad checks around town about 5 years ago. He was charged with a crime.

One who bounces a check due to poor accounting need not worry about criminal charges if they make good on the obligation. But serial check writers are more likely to be charged.

[Moneedshelp]

I think intent is usually inferred during that period between the business asking for the money receiving no response then having to go to police or D.A.'s office.

There are usually quite a few opportunities to "make good" on the check.

[myscoresawful]

There is a difference if the check is returned NSF (because you didn't have enough money in the account at the time it was presented to clear it)....or if it is returned "account closed".

With NSF, it could be argued that you made an honest error ...

the account closed, well, they can pretty much safely say you knew the money wouldn't be there and that it was intentional, still, they usually give you a chance to make good on it.

I do know that the offense for "account closed" is higher than an NSF.

I remember in Georgia, a friend of mine wrote one that was sent back account closed and they arrested her...cuffed, taken to jail and had to be bailed out. The bad thing was, the bank had made an error on her account, while they were accepting her deposits, they were sending checks back as "account closed"....she had to get an attorney and they subpoenaed her bank records and found that there was plenty of money in her account on those days to cover the checks and that the bank was at fault.

oh, and the check was only for $5.00, I swear, I witnessed the whole thing!

Still, she went through a lot of embarrasment over it all.

[jasen]

That's why I avoid the whole mess and just never write checks.

Check cards are the way to go. And online bill-pay. I honestly can't remember the last time I actually wrote out a paper check. Although, knowing how these bastards think, they'll soon start charging NSF fees any time your card gets declined.

[AboveAverage]

I've had the same checking account a decent mid-size bank for over 5 years. I haven't had to pay that $30 overdraft fee in over 3. Why? Because I use the Visa Check Card. The only time I write a "check" is when I pay rent (and even then, that's handled through my bank's Bill Pay. (Which pretty much means I leave the check card in the drawer and use my crappy 660 card to make purchases....that's another reason why I can PIF every two weeks).

Now, I was probably considered the worst person to handle my own finances. Yet, here I am, utilizing that dang In-terr-Net to monitor my accounts and make sure things are getting paid. But I would never write out a check anymore. Those $30 fees kill you if you don't balance your book right.

I don't care if I ever clean up my credit to get overdraft protection...I never want to go back acting $---ty.

[2001Badyear]

I have not written a check in so long that I'm not entirely sure I remember how. I have checks, but they are just decorative and mostly just occupy space in my safe.

In the State of Virginia it's called "uttering a false instrument" or something to that effect.

[AboveAverage]

In the State of Virginia it's called "uttering a false instrument" or something to that effect.

Don't you mean "Commonwealth of Virginia..."

[2001Badyear]

Don't you mean "Commonwealth of Virginia..."

Yes, if you want to be technical about it.

[AboveAverage]

Yes, if you want to be technical about it.

[2001Badyear]

back at you

[tonypilot7]

Since moving to Texas and working as a bail bondsman/ jail release technician:roll: I haven't written a single check. I refuse to. They will throw you in jail for sneezing on the sidewalk here and a large portion of our business is from "Theft by check".

If you write a NSF They will send out a notice to your last known address so if you have moved you are sol. I also see a lot of joint account holders thrown in jail for the other account holder's actions.

They make 200-300 bucks from court costs every time, whether you win or lose the case. They have to make up for no state income tax somehow.

[jetscarbie]

We had this small store in our hometown that use to do something about hot checks

They had a big sign out in the front of the store and use to put something like this on it

"Angel Walker, Please pick up your NSF check for the amount of $$$$"

You would NEVER see anybody's name there for more than a couple of hours. It always worked.