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Lack of funds - the check must have been deposited or presented for payment within thirty (30) days of the date of delivered, and the accused has failed to make payment of the check and a service charge within ten (10) days after receiving written notice that the check has been dishonored.
A copy of the notice that will satisfy this requirement may be found in these materials.
Bad checks cost local merchants hundreds of thousands of dollars.
There are both civil and criminal remedies available to a person or business that has received a bad check.
The elements of the criminal offense of Deposit Account Fraud (Bad Check) are contained in your State's Criminal Code of Laws.Within ninety (90) days of receipt of check, mail certified demand letter to address given by maker of check.Give maker of check at least ten (10) days and three (3) for mailing before prosecuting criminally (This varies from state to state). Try to telephone accused and keep record of your efforts. (Magistrate Court, if 00.00 or less) in the county where the Defendant lives.Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented.In effect, the payee has agreed to extend credit and there is no present consideration.