Can someone press charges for a check that was stopped because of insufficient funds?
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Can someone press charges for a check that was stopped because of insufficient funds?
I gave a friend a post dated check because I anticipated a deposit into the bank account later that week and she was behind on her rent and needed help. After finding out that the deposit was not made, I stopped the check so it wouldn’t withdraw “imaginary” funds and charge a hefty overdraft fee. Now her apartment complex is saying that they are going to press charges on the account holders for a “hot” check because when they tried to cash the check they found out that it was stopped. Can they press charges on me when I am not the person responsible for the rent in the first place?
Asked on May 24, 2011 under Criminal Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) Facing criminal liability for passing a bad check has nothing to do with whether you are on the lease, were responsible for the rent, etc.--all that matters is that a bad check was passed.
2) Technically, being charged with passing a bad check requires more than insufficient funds to honor the check; it also takes some degree of criminal intent. However, that intent can be inferred from circumstances. In a case like this, if you knew you had to stop a check you had just issued, the correct thing to do would have been to call the recipient of the check, give them a heads up as to the situation, and also discuss when they would be paid. By simply allowing them to get and try to cash a check which you knew was bad, you have created a situation where it may be reasonable to assume that you deliberately passed a check which you knew would be dishonored.
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