Can I be charged with a fraudulent check if I was never contacted by the company to cover it?

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Can I be charged with a fraudulent check if I was never contacted by the company to cover it?

Can I be charged with a fraudulent check if I was never contacted by the company that the check was not paid? The check was for $100 and then I am being charged $125 state fees. Is the right? I did not intentionally write a bad check and I was contacted to let me know that I still owed the money. This doesn’t seem right .

Asked on April 22, 2012 under Bankruptcy Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is entirely possible based upon the fact pattern that you have written about that someone can accuse you of check fraud. Accusing and proving such in a civil or criminal arena are two different matters.

If your check failed to clear due to insufficient funds, i suggest that you simply send a new check to your creditor for the face amount of what is owed and then see what happens. The $125 extra that you are being assesed is the penalty per statute for the bad check.

I suggest that you pay what is owed sooner rather than later so that matters do not get out of hand regarding claims against you.


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