Can a debt collector charge me with criminal charges for a returned check?

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Can a debt collector charge me with criminal charges for a returned check?

I was expecting a check to be direct deposited within my bank account and so I had written some checks to different merchants. However, I never got the deposited check so then the checks I wrote all bounced and I didn’t have the funds to pay for them. Now I have a debt collector saying they will press criminal charges if I do not pay them by a specific date.

Asked on April 6, 2012 under Criminal Law, Missouri

Answers:

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

A debt collector can not charge you with a criminal act for a bounced check.  The criminal law for bounced checks requires that the check be given for present or future consideration.  If it is a debt collector, then it is for past consideration and no criiminal charges can be filed.


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