If Iwrote a check to a storeand itwasreturned, can they have me arrested if they did not first notify me of the problem in writing?

Get Legal Help Today

 Secured with SHA-256 Encryption

If Iwrote a check to a storeand itwasreturned, can they have me arrested if they did not first notify me of the problem in writing?

I had a check returned to a place and found out that the owner wants to turn it in to the authorities without even talking to me (one of his employees called me as I was unaware of the matter). Don’t they have to send you something in writing first and give you 10 days to pay?

Asked on July 6, 2011 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, the store does not need to give you time to pay before reporting you to the police, IF they believe that you knowingly or intentionally wrote a bad check. That's because while it's not a crime to simply, accidentally, have insufficient funds to honor a check, it is crime to write a check knowing you don't have the money or intending to not honor it. So if the store owner believes this is the case, he can contact the police; the police will then decide whether it's worth pursuing or investigating, and, if they do, based on what they find, the authorities will decide whether or not to press charges (they would press the charges if they think that you did this deliberately and there is enough evidence to convict).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption