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ParisDakarBmw · 15 December 2010, 06:23 AM

The exchange of money, and a written promise to pay is a civil issue. Now using a forged check, or fake money is another thing.

If a seller accepts a check, it's the they're option. They understand the risk to taking a written promise from a person. Now once the certified letter is sent out, and 30 days has gone by without payment, the seller may go before a judge, and sign a bad check warrant. If the person pays before then, there is no criminal act.

A check is a different animal all together. Suppose your bank didn't have overdraft protection, and a check bounced. That doesn't mean you intended to defraud the person / company. There is a process to remind the person, and then legal action if it isn't paid.

A bad check in itself is not criminal until a judge says that there is probable cause, and sufficient evidence to deem it criminal, and then issues a warrant.

Example... Say I'm working the street, and get a call to a local bank. A painter is cashing a check from an elderly lady, and there isn't sufficient funds. The painter calls 911 to report a theft, or financial fraud. I get there, and listen to the details. Just because the check was bad doesn't mean the person intended to deprive the person of a product or service. I explain that the person needs to file a pre warrant hearing at the Majistrate court. The court would then send a written statement to the check owner stating that they need to pay the check prior to a certain date, or have a hearing.

The pre warrant hearing is held between the buyer, seller, and judge. The judge may issue an imediate warrant, and make them post bond, or mediate a payment plan. I can't simply arrest someone "while writing a check" when money isn't in the account.

It's real tricky because a civil agreement, can turn criminal. There is no middle ground here in Georgia when people enter into a contract via personel check. A judge would make it criminal after the seller makes a formal complaint to the Majistrate court.

How is it up there in Chicago? Can someone simply bounce a check, and go to jail moments after the attempt to get funds is denied???

15 December 2010, 06:23 AM	#23
ParisDakarBmw Banned Join Date: Dec 2009 Real Name: Paul Location: New Haven, CT Watch: 116610 Sub-C Posts: 6,552	The exchange of money, and a written promise to pay is a civil issue. Now using a forged check, or fake money is another thing. If a seller accepts a check, it's the they're option. They understand the risk to taking a written promise from a person. Now once the certified letter is sent out, and 30 days has gone by without payment, the seller may go before a judge, and sign a bad check warrant. If the person pays before then, there is no criminal act. A check is a different animal all together. Suppose your bank didn't have overdraft protection, and a check bounced. That doesn't mean you intended to defraud the person / company. There is a process to remind the person, and then legal action if it isn't paid. A bad check in itself is not criminal until a judge says that there is probable cause, and sufficient evidence to deem it criminal, and then issues a warrant. Example... Say I'm working the street, and get a call to a local bank. A painter is cashing a check from an elderly lady, and there isn't sufficient funds. The painter calls 911 to report a theft, or financial fraud. I get there, and listen to the details. Just because the check was bad doesn't mean the person intended to deprive the person of a product or service. I explain that the person needs to file a pre warrant hearing at the Majistrate court. The court would then send a written statement to the check owner stating that they need to pay the check prior to a certain date, or have a hearing. The pre warrant hearing is held between the buyer, seller, and judge. The judge may issue an imediate warrant, and make them post bond, or mediate a payment plan. I can't simply arrest someone "while writing a check" when money isn't in the account. It's real tricky because a civil agreement, can turn criminal. There is no middle ground here in Georgia when people enter into a contract via personel check. A judge would make it criminal after the seller makes a formal complaint to the Majistrate court. How is it up there in Chicago? Can someone simply bounce a check, and go to jail moments after the attempt to get funds is denied???