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PC 476 check fraud primarily deals with making, passing, or attempting to pass, , fictitious, or altered checks with intent to defraud somebody out of money or property. Penal Code 476a, primarily deals with real checks you pass, or attempt to pass, with insufficient funds.
When you cash or deposit a check and there's not enough funds to cover it in the account it's drawn on, this is also considered non-sufficient funds (NSF). When a check is returned for NSF in this manner, the check is generally returned back to you. This allows you to redeposit the check at a later time, if available.
Generally, if your bank credited your account, it can later reverse the funds if the check is found to be fraudulent. You should check your deposit account agreement for information on the bank's policies regarding fraudulent checks. Fraudulent checks may be part of an overpayment/money order scam.
Send certified mail. The check you wrote for $________, dated ______, which was made payable to _____________(write your/payee's name here), was returned by ______________ (write name of bank) because ____________(account was closed OR the account had insufficient funds).
The Demand Letter Your demand letter must request that you be paid the full amount of the check, any bank fees and the cost of mailing the demand. It also tells the person who gave you the bad check, that if they do not pay within 30 days of your mailing the demand letter, you can sue for the check plus damages.
Send certified mail. The check you wrote for $________, dated ______, which was made payable to _____________(write your/payee's name here), was returned by ______________ (write name of bank) because ____________(account was closed OR the account had insufficient funds).
What should you include in your demand letter? Establish facts. By writing down all relevant facts in the order they happened, you let people unfamiliar with the situation understand what happened. ... Refer to evidence. ... Make a demand. ... Set a deadline and establish a method of payment. ... Offer a consequence.
Frequently Asked Questions (FAQ) Type your letter. ... Concisely review the main facts. ... Be polite. ... Write with your goal in mind. ... Ask for exactly what you want. ... Set a deadline. ... End the letter by stating you will promptly pursue legal remedies if the other party does not meet your demand. Make and keep copies.