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Will Writing Out a Bad Check Cause Legal Issues?

writing a bad check is a crimeWhen writing a check for an amount that isn’t available in a bank account, a person is participating in fraudulent activity. The fraudulent activity is commonly referred to as check fraud. If you end up going to court for writing bad checks, it’s quite possible you could use the excuse of not realizing what you were doing.

Many people unintentionally write out bad checks thinking they’ve got the funds to cover the cost of something when they really don’t.

While some people make this mistake unintentionally, other people purposely write out bad checks in an attempt to scam the system. It may start as something small and eventually turn into a major problem.

Intentionally Choosing to Write Out a Bad Check

The only way an individual may get convicted of committing check fraud is if the state can provide proof that it was done intentionally. It’s not always easy to prove this because many people think they have a certain amount in their accounts and have actually mismanaged their funds. However, those who commit check fraud intentionally often leave a track record of making this mistake more than once, which usually works in the favor of the state when they’re trying to prove someone is guilty of check fraud.

Charged With Committing Check Fraud

Some people don’t keep the best track of their finances and easily lose track of the amount in their accounts because of their spending habits. In instances like this, it’s easy to write out a check for something with the belief that there is enough money available to cover the cost of the product or service. If a situation like this does happen, the state would have trouble proving that the defendant wrote out a bad check intentionally and the case would usually get dropped.

However, the individual may still have to pay a price. For example, the merchant could decide to pursue legal action, filing a claim in civil court to get the defendant to pay the money they owe. If the money doesn’t get paid back, it could have such a negative impact on the defendant’s credit score.

Defending Check Fraud Charges

If you’ve written a bad check and don’t know what to do, try to handle the situation immediately. You’ll need to contact the company you’re banking with and find out if you can add the money to your account to get the check to go through. If the check doesn’t go through, you may want to speak to the merchant and offer to pay in cash to resolve the problem. Taking action quickly is the best way for you to avoid getting in serious legal trouble.

If you happened to write out a bad check and you knew that you didn’t have the funds available in your account, you may be at risk of being charged criminally.

If you’re not sure what to do and you’re feeling worried and scared, the next best move for you to make is to contact the Law Office of Naiburg, Obedin and Weissman in Suffolk County, NY.