Can I press charges against someone for writing me 2 bad personal checks?

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Can I press charges against someone for writing me 2 bad personal checks?

I loaned a friend $960. I had her sign a paper saying she owed it to me by last month. She has written me 2 checks which the first 1 bounced for $450. The second is post dated for next week and I expect it will bounce also. Is there anything I can do? She will not answer my calls or the door for me.

Asked on October 14, 2011 under Criminal Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If you believe she is knowingly or intentionally writing you bad checks, you can contract the police and look to press charges. The key thing is her intention or state of mind: it's not a crime to run out of money, to get your own paychecks late, or to be bad at balancing a checkbook, but it is a crime to write a check knowing that you cannot honor it.

2) You can sue her in small claims court, where you can represent yourself (no lawyer fees). You'll need to prove the fact of the loan (that you gave her the money) and the terms of the loan (when it was due); you can use your own testimony, if you don't have anything in writing, though documentation makes for stronger evidence. If/when you win, if she still doesn't pay, there are ways to get payment, such as garnishing her wages.


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