Can you be prosecuted for a returned check if you did not authorize the person to make it out for the amount that they did?

Kiting or bouncing?

There's a fine line between kiting a check and bouncing one. It goes to intent. People are prosecuted for the former but not for the latter. Which is a good thing; otherwise a lot of us would have criminal records.

Answer

It depends upon to whom the check was written and how the check was written. If the check was written to a collection agency, the answer is NO! A collection agency CANNOT prosecute you for writing them a bad check. You can also NOT be prosecuted for a bad check that was post-dated. In most states the passing of a post-dated check is not legal unless paid to a creditor or collection agency. Hope this answers your question.

Answer

Yes you can. Usually they will send you a notice in the mail after they have tried to run the check thru your banking establishment. Usually they wait a couple days and re-run the check to see if it will go thru before sending something to you. There are some states that require the persons or company to notify you thru certified mail. They give you 30 days to settle the debt before taking it to court. they may tack on court costs and other fees. It's not a felony unless it's a check greater then $499, which can get you one year in jail.

Answer

Of course it is stealing. In some states if the NSF (non-sufficient funds) check is over a thousand dollars, you can be charged with a felony. The person who signs the check is responsible for the funds being there, even on a company check.

Answer

Not only can you be prosecuted (and should be -- it's STEALING, after all -- in some states you can be held to large monetary penalties. In Maryland, if it can be proved you intentionally wrote a bad check, a judge can award damages of up to three times the amount of the check.

It would only be considered a criminal act if the writer of the check did so with intent to defraud or steal by deceit.

In situations where it was unintentional, it is a status offense, and in the majority of states, it is handled according to the state's civil codes.

THE BANK FORWHOM YOU ARE BOUNCING YOUR CHECKS OR EVEN THE PLACE WHERE YOU ARE B OUNCING THE CHECKS CAN REFER YOU TO THE D.A.'S OFFICE AND CRIMINAL PROCEEDINGS CAN BE BROUGHT AGAINST YOU, OR YOU CAN JUST SIMPLY PAY WHAT YOU OWE.

ANSWER:

Of course you will always be responsible for paying the debt but it is very hard to prove a fraudulent intent. Proving someones intentions to be fraudulent is the only way you can be prosecuted. Otherwise, you are just responsible for the debt itself. If you have a few checks not paid, its near impossible to prove. If you are purposely writing check after check knowing they will not be paid, it is much easier for the prosecutor to prove

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