Posted by Jacqueline Dyson on 9/9/11 2:53pm
Msg #396899

Did Someone Write You a Bad Check In California?

California Civil Code section 1719 allows the receiver of a bad check to recover three times the amount of the check, up to $1500, in civil court if sufficient notice is mailed or delivered to the person who wrote the check.

Reply by Notarysigner on 9/9/11 3:10pm
Msg #396900

Within 30 days with a properly formatted demand letter delivered.

http://www.leginfo.ca.gov/calaw.html

Reply by Marian_in_CA on 9/9/11 3:19pm
Msg #396902

There's a lot more to it than that...

I worked for a company that had vendor checks bounce on occasion. So, I got pretty familiar with this law. Sadly, a lot of our checks were well over $1,500... so we never bothered to collect under that statute. We went straight to small claims for total non-payment.

You can recover "up to" that amount *if* the person/company who wrote the check fails to pay within 30 days of written demand by certified mail. You can't just get a bounced check and then demand 3x the amount as a penalty. You have to go to court to get a judgment. There are all kinds of specific, special rules for collecting, depending on the reasons why a check was returned, too. Courts have total control over the amount you can collect. In some cases, if a check is returned because of a stop-payment... a court can find that the check writer did it in good faith and doesn't have to pay a dime. I've seen it happen.

If you want to collect that kind of money in court, you better have a long, well documented record of attempts to collect before filing, too, because the judge will ask for it right away.

If you do win, it is only a CIVIL judgment, too, not criminal. California has very specific rules about which kinds of checks go to criminal court. Most county DA websites will have this information, and it's VERY strict.

So, just from experience doing this with a former employer? It's not as easy as it may seem. Collecting on bad checks in California is very technical, and if you don't follow the letter of the law... you won't be successful.

Reply by Marian_in_CA on 9/9/11 3:25pm
Msg #396905

Re: There's a lot more to it than that...

Let me also add that in our line of work... the chances of you getting a criminal prosecution for a bad check are pretty much zero. Plus, DAs farm out the cases to collections agencies first before they even begin to consider filing a criminal complaint.

For LA county, for example... only if you want to file a criminal complaint, and these rules are the same for every county as far as I'm aware.

http://da.co.la.ca.us/badcheck.htm


"ELIGIBILITY

Any person who receives a bad check is eligible to participate in the program if the following conditions are met:

It was received in Los Angeles County, deposited in a bank in exchange for goods or services, and presumed good at the time of acceptance. There are no minimum restrictions based on dollar amount.
A courtesy notice was sent to the check writer allowing 10 days to cover the check.
It was submitted to the program within 120 days from the date on the check.
A photo identification such as drivers license, military I.D., or state identification card was recorded at the time of the transaction.

INELIGIBLE BAD CHECKS

It is post-dated.
Both parties knew there were insufficient funds at the time of transaction.
It is an out-of-state, two party, rent, government, or payroll check.
The identity of the check writer is unknown.
No amount, date, or signature on the check.
If not processed through your bank.
The check involves an extension of credit or payment on an account."


So, if you're trying to collect on a check mailed from a signing service? You're only option is Civil Court.

Reply by Glenn Strickler on 9/9/11 3:26pm
Msg #396906

Good Luck going to court ...

The courts are so backlogged, that you might get on the schedule in, say, 2 years.

Now one thought is you might get in touch with the DA in the city / county that the check writer lives in and see if there is an existing criminal complaint that you can be added to.

Reply by Jacqueline Dyson on 9/9/11 4:23pm
Msg #396911

Yes one can contact the County DA where the check was issued. It is up to the County where the check was received and cashed to pursue. Many county DA offices in California have a Bad Check Diversion Program which allows the bad check writer to make restitution without criminal prosecution. If no restitution the case can be submitted for prosecution.

It does not matter how backlogged the courts are. Nothing ventured nothing gained. I would rather get something as opposed to getting nothing even if it is years later.
My named was included in a class action suite which took 3 years to resolve. I forgot about it until the day I received a $15,000 check in the mail.

The General Attorney in California is Kamila D. Harris. I am sure she will be quite interested in being notified of repeat offenders.

Reply by Jacqueline Dyson on 9/9/11 4:25pm
Msg #396912

I meant to say the "Attorney General".

Reply by Glenn Strickler on 9/9/11 4:40pm
Msg #396914

Yeah, I should have been more specific. You should still try to file, just don't expect quick results. It took 5 years for one of my checks, and like Jacqueline, I forgot about it until I got a check from the county.

Reply by Notarysigner on 9/9/11 4:41pm
Msg #396915

Seems to be too much of a hassle. I was in a Mom and Pop store a couple of days ago, there were about twelve checks penned up as bad checks. Local addresses, varying amounts $25 - $80 dollars. They just stopped accepting all checks. BTW, those checks were for sale, to anyone wanting to collect on them.

Reply by Jacqueline Dyson on 9/9/11 5:26pm
Msg #396924

Seems to be too much of a hassle.

Hassle? Not the case. Situations will never change if folks take on this type of attitude. It takes no more time to complete a small claims form than completing a signing request. Hopefully this will never happen to you. Will it be a hassle if you have to work for free?

Reply by Notarysigner on 9/9/11 5:49pm
Msg #396929

I've sued, been sued, filed small claims forms, stood in line for two hours to go through the metal detector, set in court for four hours waiting for my case to get called AND I say it's a hassle.

I don't accept checks so I eliminated THAT hassle.

Reply by Les_CO on 9/9/11 7:18pm
Msg #396932

I agree with both of you? I’ve been there done that as far as court so I’m with James. On the other hand I sort of feel it’s our collective duty to try and rid this industry of deadbeats. I would never try to file with small claims court out of state. And the only SS that I do business with here in Colorado pays like clockwork, and the major Title companies that I work for here usually put me on the HUD and always have paid me. That does not mean that I’ve never been burned, I have but it’s been awhile, and I’m more careful now.
I say avoid the hassle altogether, it’s easy, only work for companies that have a good reputation.

Reply by Notarysigner on 9/9/11 7:28pm
Msg #396933

Fully agree.....you know my history, after USCertified Signers, I realized who put the "A" in sshole!