How do you collect on bad checks?
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How do you collect on bad checks?
One person issued 3 returned checks and a second person wrote another check with insufficient funds (over 3000$). What can I do to collect the funds? How to pursue legally with this kind of situation (for returned checks)? If the checks were issued 2 years ago, or more than 2 years, is there statue of limitations?
Asked on July 26, 2011 Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As in all the states, Pennsylvania has both criminal and civil statutes that deal with bad checks. It is my understanding that a person has 10 days to make good on the check after they have received notice from their bank of the insufficient funds. It may be a good idea for you ro look in to a criminal prosecution in that if they are convicted the court will order repayment or restitution. The severity of the criminal offense depends upon the amount of the underlying check. If the check is for less than $200, the offense is a summary offense, similar to a traffic ticket. For bad checks between $200 and $500, the offense is considered a third degree misdemeanor. If the check is between $500 and $1,000, the matter is a second degree misdemeanor; a first degree misdemeanor is committed if the check is for $1,000 or more, up to $75,000. If you violate the bad check statute with a check of $75,000 or more, you have committed a felony. It is always in the discretion of the DA if they wish to prosecute. I can not see if thee is a statute of limitation on bad check civil actions in PA o I would check with ana ttorney in your state. Good luck.
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