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Which way you proceed in your case will depend on the circumstances in your case.Whether the issuance of a bad check is a crime will depend on several factors.Statement by the maker of the check at the time of tender that he has insufficient money in bank to cover the check, though he expects to have the money in the bank by the time the check is presented.In effect, the payee has agreed to extend credit and there is no present consideration.Forgery - a check which is forged (made by someone other than the account holder and without the account holder's consent) may not be prosecuted as a bad check.It therefore vital that the payee confirm the identity of the maker of the check at the time the check is presented.Should the defendant live in another State, you must file in that state and county where defendants live. You should bring with you the original check, a copy of the check (front and back), the certified mail receipt or returned letter if unclaimed, and any notes you have kept related to your efforts to collect the check.An arrest warrant is an order of the court directing any duly authorized law enforcement official to arrest the person named in the warrant for the offense charged (in this case the offense of Deposit Account Fraud).
The elements of the criminal offense of Deposit Account Fraud (Bad Check) are contained in your State's Criminal Code of Laws.
There is nothing more frustrating for the Court than having to deny a person or business a remedy to which they should be entitled because of failure to follow statutory procedures.
In criminal cases, failure to comply with any of the statutory procedures requires Judges to deny the warrant or citation.
The issuance of a check on an account which is closed or has insufficient funds may constitute a crime for which the maker of the check may be prosecuted.
The issuance of a check which is not honored may also give rise to a civil claim for damages.
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There are many other reasons why a check may not be paid upon presentation.