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?
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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 13 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).
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