Bad Checks

If you are presented a check that is return for non sufficient funds, you have turned into an unplanned creditor. The first step is to call the check issuer and then the bank that the check is issued on. The bank will frequently indicate whether or not if the check was presented again if it would be honored. Sometimes, it is just a matter of timing.

If not , you should have the check presented again. After its second withdrawal,  you need to send a notice to the check writer that if it is not honored with in ten days, you will turn it into the local law enforcement for pursuit as a theft charge. This notice should be by restricted mail or personally served. Each local enforcement district has slightly different standards on what they want you to include when you turn it over for a theft charge, so check in advance with the law enforcement to make sure your setup for success. Taking checks that are post dated, third party checks or are for loan payments are generally not pursued by law enforcement as theft charges.

When you contact someone that owes you money, don' t make threats, contact their relatives, harass them at work or continue to contact them once they indicate that they are represented by an attorney.

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