Ask Me Help Desk - Paying rent with insuffient funds

Is it a punishable crime to pay rent with a check from a known closed account and do it more than once? If so, what are a landlords options?

Yes, it would be punishable uttering a bad check. The landlord's options could be to press charges for the bad check and eviction of the tenant. Best not to do this practice as it is not just an "innocent" mistake and is against the law.

Quote:

Originally Posted by nancymbarclay

Is it a punishable crime to pay rent with a check from a known closed account and do it more than once? If so, what are a landlords options?

Yes, and yes.

It is illegal to write bad checks more than once from a known closed account.

The punishment could be severe. Depending on whether the person who is writing the checks has a criminal record already, they could get jail time, not to mention fines, and costs for probation, the landlord can garnish their wages, evict them, the bank could press charges, the landlord could press charges, or all of the above. It could also prevent them from ever getting another bank account. The landlord could let it slide, but even if he does, the bank could prosecute.

Not the way to handle things I guess.

The tenant would be far better off paying NOTHING to the landlord and letting this go to court, than writing the bad checks. Yes, they will get evicted, but writing bad checks from an account they know is closed will still get them evicted… but it could also possibly get them prosecuted.

What’s worse, an eviction or a conviction?

Quote:

Originally Posted by 08_777444

Yes, and yes.

It is illegal to write bad checks more than once from a known closed account.

The punishment could be severe. Depending on whether the person who is writing the checks has a criminal record already, they could get jail time, not to mention fines, and costs for probation, the landlord can garnish their wages, evict them, the bank could press charges, the landlord could press charges, or all of the above. It could also prevent them from ever getting another bank account. The landlord could let it slide, but even if he does, the bank could prosecute.

Not the way to handle things I guess.

The tenant would be far better off paying NOTHING to the landlord and letting this go to court, than writing the bad checks. Yes, they will get evicted, but writing bad checks from an account they know is closed will still get them evicted… but it could also possibly get them prosecuted.

What’s worse, an eviction or a conviction?

I thought it was a criminal offense to write any checks from a closed account and am curious about this: "It is illegal to write bad checks more than once from a known closed account."

Is that the law in your State?

Quote:

Originally Posted by JudyKayTee

I thought it was a criminal offense to write any checks from a closed account and am curious about this: "It is illegal to write bad checks more than once from a known closed account."

Is that the law in your State?

Yes.

Where I live intentionally writing, or passing bad checks is a crime. Here you can be charged with a felony, and face up to two years in jail and a $500 fine for either writing a check on a bank account that is closed or for writing a check on a bank account for which you know you do not have sufficient funds (intent to defraud.)

I'm sure specific bad check laws vary by state. But in almost all it is a crime, and depending on the amount (and circumstances) and place, even a felony. It can also be pursued as fraud or theft by deception... which is a felony crime almost everywhere. It depends upon the amount of the check and whether it was done with intent.

The OP stated they did this from a "known" closed account, thus indicating intent.

Some police departments and prosecuting offices might drag their feet on these kinds of cases, but an aggressive district attorney will not hesitate to prosecute. If prosecuted, the bad check writer might be able to avoid a trial if their county has a diversion program where they attend classes for bad check writers. They must pay the tuition and make good on the bad checks they wrote... in my state the amount is doubled.

Some states are stricter than others and I guess it depends on the amount as well as the number of bad checks.

The landlord may be required by law to give the bad check writer written notice to make good on the check(s). After all, the bad check could have been an innocent mistake, which we know is not the case here. But, in any oral or written communication with the bad check writer, the landlord should avoid threatening the bad check writer with prosecution, as such a threat may constitute harassment or extortion under some state statutes.

Quote:

Originally Posted by 08_777444

Yes.

Where I live intentionally writing, or passing bad checks is a crime. Here you can be charged with a felony, and face up to two years in jail and a $500 fine for either writing a check on a bank account that is closed or for writing a check on a bank account for which you know you do not have sufficient funds (intent to defraud.)

I’m sure specific bad check laws vary by state. But in almost all it is a crime, and depending on the amount (and circumstances) and place, even a felony. It can also be pursued as fraud or theft by deception... which is a felony crime almost everywhere. It depends upon the amount of the check and whether or not it was done with intent.

The OP stated they did this from a "known" closed account, thus indicating intent.

Some police departments and prosecuting offices might drag their feet on these kinds of cases, but an aggressive district attorney will not hesitate to prosecute. If prosecuted, the bad check writer might be able to avoid a trial if their county has a diversion program where they attend classes for bad check writers. They must pay the tuition and make good on the bad checks they wrote... in my state the amount is doubled.

Some states are stricter than others and I guess it depends on the amount as well as the number of bad checks.

The landlord may be required by law to give the bad check writer written notice to make good on the check(s). After all, the bad check could have been an innocent mistake, which we know is not the case here. But, in any oral or written communication with the bad check writer, the landlord should avoid threatening the bad check writer with prosecution, as such a threat may constitute harassment or extortion under some state statutes.

I was addressing your statement that: ""It is illegal to write bad checks more than once from a known closed account." I took that to mean that the first bad check is not illegal/breaking the law.

In NY it is a criminal offense to write any checks on a closed account.

Quote:

Originally Posted by JudyKayTee

I was addressing your statement that: ""It is illegal to write bad checks more than once from a known closed account." I took that to mean that the first bad check is not illegal/breaking the law.

In NY it is a criminal offense to write any checks on a closed account.

Oh.

Yeah, where I live it is a criminal offense to write any checks on a closed account also... the first, second, third, it doesn't matter... they're all illegal.

My response was phrased in direct conjunction to the way the OP phrased their question.

Quote:

Originally Posted by 08_777444

Oh.

Yeah, where I live it is a criminal offense to write any checks on a closed account also... the first, second, third, it doesn't matter... they're all illegal.

My response was phrased in direct conjunction to the way the OP phrased their question.

The State laws vary so much you never know - thanks for the clarification.

Quote:

Originally Posted by JudyKayTee

The State laws vary so much you never know - thanks for the clarification.

You're right... you never know now a days.

No problem on the clarification...