Posted by Bonnie/CO on 8/21/05 11:58am
Msg #60569
Rec'd checks from SigningStar
Finally got my checks from SigningStar. Cashed 3 at my bank, then thought maybe I ought to take the rest to her bank to cash, guess it was a good idea since 7 of those BOUNCED. Still waiting to see about the 3 I cashed at my bank...
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Reply by Anon on 8/21/05 8:04pm
Msg #60642
Seven bad checks? Sounds to me like you need to copy them and send them with a written complaint to the state attorney general. It's one thing to make an error in accounting, but to delay payment and write bad paper, I think that's criminal and warrants an investigation by the state attorney general.
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Reply by Nicole_NCali on 8/21/05 9:18pm
Msg #60658
check out Colorado Statute for passing bad checks
Check out your county district attorney. One bad check is one thing, but 7 consecutive checks is criminal. The district attorney may be able to get your money to you and scare the bejesus out of her.
The 1997 Colorado Revised Statutes provides both civil and criminal penalties against any person who knowing issues a bad check.
Section 13-21-109 of the Colorado Revised Statutes provides that any person who obtains money, merchandise, property, or other thing of value, or who makes any payment of any obligation other than an obligation on a consumer credit transaction, by means of a bad check may be liable to the holder of such check, one of the following amounts, at the option of the holder:
1. face amount of the bad check plus actual damages; or
2. face amount of the bad check plus any reasonably posted or contractual charge not to exceed $20.00 and cost of collection of 20% of the face amount of the check but not less than $20.00, if the check has been assigned to a licensed collection agency for collection; or
3. if a written notice, conforming to the statutory requirements, demanding payment has been sent, and the maker of the bad check fails to pay as demanded within 15 days after the notice is given, three (3) times the face amount of the check but not less than $100.00.
The written notice must include the date the check was issued, the name of the drawee, the name of the payee, the face amount, a statement of the total amount due pursuant to the C.R.S. 13-21-109(2), a statement that the maker of the bad check has fifteen (15) days from the date of the notice within which to make payment in full, and a statement that if payment is not made as demanded within fifteen (15) days, the maker may be liable in a civil action for three (3) times the face amount of the check, but not less than $100.00, court costs and attorneys fees. The notice must be sent by certified mail, returned receipt requested and postage prepaid. (C.R.S. 13-21-109(3).)
The treble damages provided under the said statutory provision does not permit the holder of a bad check to assert such right unless and until a final judgment is determined by a court of competent jurisdiction in a civil action. (C.R.S. 13-21-109(5).) 13-21-109
Criminal penalties for issuing a bad check or fraud by check are set forth in C.R.S. 18-5-512 and C.R.S. 18-5-205 of the Colorado Revised Statutes. Any person who violates these statutes may be subject to charges of a misdemeanor if the bad check amount is under $400.00, or a felony if the amount is in excess of $400.00. (C.R.S. 18-5-205(3).) A person is presumed to have knowledge of insufficient fund if he has no account upon which the check is drawn with the bank or other drawee at the time he issues the check; or he has insufficient funds upon deposit with the bank or other drawee to pay the check, on presentation within thirty days after issue. (C.R.S. 18-5-205(8).)
Intellinet Colorado Revised Statutes
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