Desperate for Advice

Lorri, it depends on what state you are in and it's laws and how much. Usually if it is turned over for prosecution you are notified and given a chance to make good on it.

i live in California---when you say for prosecution do you mean like jail or wage garnishment? Doesn't it also depend on the amount?

I just looked into this and no you can not go to jail in ca for a default on a PDL

From what I've learned in training for work, the legal term is "uttering and writing". I think it depends on the amount, who you wrote it to, and your intent.

If you wrote a check at a store for like $100, I'm assuming it would just get sent to a CA. But if you wrote a check for services, like $500 to a contractor or lawyer, they might press charges.

7 years ago, when my little boy was a baby, I wrote a check for $200 to daycare. It bounced twice, and they sent me a notice in the mail that if I didn't pay in 10 days they would press charges against me. That was awful. I don't know if they would've made good on their threat, but I was scared.

Lorri, you should probably call an attorney and ask him, I think there are a lot of different "what ifs" here.

That's pretty much how it works here in OH. It goes through twice and then they will attempt to get payment on it, and if that fails they will turn it over to the prosecutor who will notify you and attempt to settle it before taking further action. And like finsfan said it depends on how much the check was written for. If it is $300 and over in OH it is a felony.

I just looked up California NSF Check laws and it says you're liable to pay the amount check was for plus $25 NSF fee for first check. Any subsequent checks are a $35 fee. Nothing really happens if you pay the check and fee within 30 days of being notified that it bounced.

Tiffany, does it say anything if it goes beyond the 30 days? What will happen?

about 5 years ago i had a check bounce and sent to the DA's office i got a letter and 30 days to make it good then they said i could have crimianl charges brought but they notify you by mail.. if could be different if the check is written on a closed account but just a bounce check can be fixed with out jail

If you do not pay the amount of the check, service charge and costs of postage to mail the written demand within 30 days of receipt of the written demand, the payee can take you to court. You are then liable for damages equal to treble the amount of the check, minus any partial payments made toward the amount of the check or the service charge that may have been made within the 30 days after the written demand was received. Treble damages shall not be less than one hundred dollars ($100) nor more than one thousand five hundred dollars ($1,500).

When a person becomes liable for treble damages for a check that is the subject of a written demand, that person shall no longer be liable for any service charge for that check and any costs to mail the written demand.

I suck with money. Big surprise, huh? I got into a very bad time with checks. NSF fees were kicking the crap outta me. And with the freedom the banks have, fees just keep going up. So I don't write checks anymore.

Money orders rule in my book. They are as good as cash. No creditor will turn them down. They never bounce. They are safe in that if they are lost or stolen, they can be replaced. And if you know where to go, they are freakishly cheap (WalMart - 46 cents). I pay most of my bils via money orders. The only ones I don't are my phone, gas and electric (paid online thru mycheckfree.com - no charge), water bill (paid in cash at the bank) and my cell phone (store right up the road paid in cash). I figure I get 6 money ordes a month. That's $2.76. For the year, that's about $33 in fees. One NSF check - $35. So in a sense, I "bounce" one check a year. But then again - I'm not getting whacked the $25 from the creditor.