Bounced Check Question

[kyle_kyle_p]

What is the name of your state? Florida
Ok. i'm sell'n my motorcycle to this guy. He gave me a check & said hold it till he get's paid. I did. then i deposited it in one of my banks remote ATMs. In the time it takes to go from a remote atm to my bank and then to whomever it goes to to get the money (i guess a few days)... anyway the guy go sued by someone else over a car. his assests frozen.. and the check bounced because of the frozen account. Would this be considered a felony, since i've heard bouncing a check is a felony. the guy IS get'n me the cash instead + my other bank fees for a bounced check, but I was just wondering about the situation anyway.

 

[JETX]

Would this be considered a felony, since i've heard bouncing a check is a felony.

No, and no. An essential element of an NSF charge is that he knowingly passed a bad check. Based on your own post, he did not have pre-knowledge of the account 'freeze', very likely due to a previous judgment. Also, the simple 'passing' of an NSF check is not inherently a felony.

 

[kyle_kyle_p]

bounced check

so then why if the check was made out & deposited before the freeze would a bank not cash it? Isn't that like an ex post facto thing. oh well, as long as it's gett'n cleard up. Thanks for you help.

 

[JETX]

so then why if the check was made out & deposited before the freeze would a bank not cash it?

Your post isn't clear as to the EXACT timing, but it usually takes several days for a check to be presented to the account holders bank. If the 'freeze' occurred during that time.... the payer would not have known of it at the time the check was written.

 

[djohnson]

Would also like to add that because you took a post dated check to hold until he got paid, indicates you knew the check wasn't good at the time of swap. That can also come into play for a felony charge. You got what you took at the time of the deal. A promise for more later would be like agreeing to pay later and be dealt with in civil court, not criminal.

 

[kyle_kyle_p]

re

I know that i took it. but i also knew that he said he got paid on x day. and said i could deposit it then (it was in 3 days). i guess my question is this. If he wrote it & I deposited it before his account was frozen then why would the bank reject his check. It was deposited before it was frozen. I know it takes a few days to get "there" but i mean if it's before the fact then the bank should authorize the check. it's all a conspiracy i think they just wanted my $5 bounced check fee. yeah, what's up with that as well. someone elses check bounces and i have to pay a fee. dang

 

[djohnson]

It doesn't matter when you deposited the check. The account pays out in a first come first serve basis. If you wanted to be first, you should have taken the check to his bank and gotten the funds, then there would be now question as to if it was good at that time or not. The other point I was trying to make is that it would not be considered a felony because you took what you knew to be a bad check at that time in exchange for something. You can't claim felony because it ended up being exactly what it was when you took it. A promise of something different at a later time has no bearing when it comes to a criminal check charge.

 

[JETX]

One other thing to consider.... state law requires you to make a 'demand' notice on the check writer, giving them a specific period of time to make the check good. In your state, it is 30 days.

Unless you give the writer this notice AND as long as the check is made good within that time, you have NO rights to pursue ANY claim, civil or criminal, against the writer.

 

[kyle_kyle_p]

re

oh ok. I wasn't planning on taking legal action.. unless need be. You know what.. I didn't even think about taking it to his bank. lol duh! Thanks for all of your help, I appreciate it.