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Hampton_NH · Nov 16, 2011, 10:52 PM

I deposited a check into my saving account that was made out to a so called friend. On the back he wrote pay to the order (my name). For some reason it was available the next day & I withdrew the cash & gave it to him. I did not have the cash in my account to cover this check. Approx. 5 days later the check came back NSF & my account is negative & what cash in my checking was sent to the savings to off site the some of the negative amount. I have giving him 14 day notice to make good of the check as per NH law, but today was 14 days & received a letter of Rebullat. My question is he has not made good within the 14 days, but it was not his own check yet he got the money from me. So is that consider passing a bad check & can he be criminally charged.
Forgery and Fraudulent Practices Generally
Section 638:4 Issuing Bad Checks. –
I. A person is guilty of issuing a bad check if he issues or passes a check for the payment of money and payment is refused by the drawee, except in cases where a legal stop payment order has been issued or where the drawee refuses payment for any other reason through no fault of the person who issued or passed the check.
I-a. A person who issues or passes a bad check is subject to prosecution in the jurisdiction in which he issued or passed the check.
Please help I am just not sure reading the above Section 638
Thanks

ScottGem · Nov 17, 2011, 04:50 AM

So what do you want to do? Yes your friend is guilty of passing a bad check. Do you want to press charges? And what is a "letter of rebullat"?

Fr_Chuck · Nov 17, 2011, 07:43 AM

Well the issue here is that your friend did not write the check, but it was wrote by someone else, they are the ones that have to make the check good. Your friend has at least a moral obligation and a legal obligation to pay you back. Your friend did not write the check, it was not from his bank so he has no criminal issue with this.

Why did you cash a check for him? Was this a real life friend, not some friend where you sent the money on western union ?

Hampton_NH · Nov 20, 2011, 10:50 AM

Thanks for the answers & I do want to press charges. My first step if I am right is to give a 14 day notice per the police & looking up the RSA in NH. And on the 14th day I received the letter of rebuttal which has nothing to do with him not making good on the NSF check. He is just trying to buy more time maybe? I looked up rebuttal & nothing he stated in the letter has anything to do with why he has make good of the NSF check & in the RSA for NH does not state he has the chance to rebute the 14 day notice. If you know anything else I would appreciate any help. Thanks ScottGem and Fr_Chuck

ScottGem · Nov 20, 2011, 12:48 PM

Ahh I see you figured out how to respond.

The police told you that you have to give him a 14 day notice? That sounds like a requirement in a civil suit. You want to file criminal charges which means going to the police and asking them to arrest him.

So are you pursuing a criminal or civil remedy? Or both?

Hampton_NH · Nov 20, 2011, 07:52 PM

I was reading the RSA for NH which are The New Hampshire Revised Statutes Annotated (RSA) forms the codified law of the state subordinate to the New Hampshire State Constitution. I believe this is criminal not civil as for what I am referring to. Sorry I spelled a word wrong in my first part it was rebuttal not rebullat. I got a letter from that party trying to rebuttal and then claim they owe me nothing. They need to look up that word because it and the letter has nothing to do with me cashing a check and it being returned NSF. I will press charges or have the police do that.

ScottGem · Nov 20, 2011, 08:10 PM

That's my point. If you want to press criminal charges you go to the police and file a complaint. You present them the proof that he gave you a bad check (your bank statements). And they investigate and give it to a prosecutor to decide if an arrest is approprite.