Hi,

Isn't it a crime to write a check out to someone well knowing that you don't have the money in the bank to cover it? As I heard it from a colleague, this would be considered a crime, and a big one in Maryland (where I live). Is that true?

I've had three instances with the same person writing me a check w/no balance in her bank account to cover it. These were rental check payments and the third was a deposit on the purchase of my property. We're talking a total of $9K. How do I get this person charged with a crime for writing these checks w/no balance in the account? What do I need as evidence to prove it? Any help would be greatly appreciated.

Thanks

Mail this to them, if no response take them to court, yes writing bad checks is a crime.


Bad Check:



When the maker of a bad check fails to pay within 10 days after the bad check has been dishonored, the holder of the bad check may send a written notice of dishonor to the maker demanding payment for the face amount of the check and a collection fee of up to $25.00. If after 30 days from the date the written notice of dishonor was sent the maker of the bad check continues to fail to pay, the holder may be entitled to additional damages for an amount up to 2 times the amount of the check, but not more than $1,000. The written notice of dishonor shall be sent by mail to the last known address of the maker, and must substantially comply with the following form:

"NOTICE OF DISHONORED CHECK
Date _____
Name of Issuer ___________
Street Address ___________
City and State ___________

You are according to law hereby notified that a check or instrument numbered _____ and dated _____, drawn on the _____ bank of _____ in the amount of _____ has been returned unpaid with the notation the payment has been refused because of _____ Within 30 days from the mailing of this notice, you must pay or tender to _________________________________ (Holder) sufficient money to pay such check or instrument in full and a collection fee of $ _____ (not more than $25). If payment of the above amounts is not made within 30 days of the mailing of this notice of dishonor, you may be liable under § 15-802 of the Commercial Law Article, in addition to the amount of the check or instrument and a collection fee of up to $25, for an amount up to 2 times the amount of the check or instrument, but not more than $1,000. In addition, you may be prosecuted under the Maryland Criminal Code (Article 27, §§ 140 through 144) and subject to the following penalties:

(1) If the property or services has a value of $300 or more, a fine not exceeding $1,000 or imprisonment not exceeding 15 years, or both;

(2) If the property or services has a value of less than $300, a fine not exceeding $100 or imprisonment not exceeding 18 months, or both.

It shall be a complete defense to any action brought by any holder under § 15-802 of the Commercial Law Article that, within 30 days from the mailing of "the Notice of Dishonored Check", the maker or drawer has paid the holder the full amount of the check or instrument and collection costs of not more than $25. A holder may not recover any damages if the holder has demanded of, and received from, the maker or drawer collection costs exceeding $25.

It shall be a complete defense to any action brought under § 15-802 of the Commercial Law Article by a holder to whom a dishonored check or other instrument was issued that the dishonor of the check or other instrument was due to a justifiable stop payment order or to the attachment of the account.

In any action brought under § 15-802 of the Commercial Law Article by a holder or holder in due course to whom a dishonored check or other instrument was negotiated, the action is subject to all valid defenses that may be raised by the maker or drawer against the holder or holder in due course under Title 3 of the Commercial Law Article."

Thank you very much. If I have to take them to court, which I'm positive will have to happen, what would I have to file?

Almost likely District Court in your county

In our area, you take the checks to the DA and press charges, They would issue a warrant for that person and the bail to get out of jail is the amount of the checks ( I love that part)

And I don't know your law in your state, but if each check is over a certain amount they can change them a separate crime on each check, or combine the checks and make it one charge ( that is up to the DA here)

If a crime has been committed then you go to the police to report it. Your local police will then confer with the local prosecutor or District Attorney as to how they want to proceed. If you insist on pressing charges, they will get a warrant and arrest the person.

Mr. Yet's answer is so exact, that there isn't much else to say on the subject.

It sounds like this person is still a tenant and is also interested in purchasing the property.
If this is an example of her ability to pay you for the property, are you considering finding a different buyer?

You may want to add a line item to your lease specifying that after only one NSF check, you will only accept rent in the form of cash or money order.