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Bounced Check please help!

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orcoda

Junior Member
What is the name of your state (only U.S. law)? Indiana

I sent a check a check back in july and at the time it was good but after a month I lost my job and I really needed the money so I used it and a week after that they finally decided to cash it so it bounced. It was only 40.00. Is there anything I can do or am I screwed? It should not have taken this company over a month to cash this check. I honestly thought the company wasn't going to cash it because the other time I sent it to them it was cashed in less than a week.
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Indiana

I sent a check a check back in july and at the time it was good but after a month I lost my job and I really needed the money so I used it and a week after that they finally decided to cash it so it bounced. It was only 40.00. Is there anything I can do or am I screwed? It should not have taken this company over a month to cash this check. I honestly thought the company wasn't going to cash it because the other time I sent it to them it was cashed in less than a week.
The money in your account was not yours to spend. So...Yeah. Pay off your debt.
 

justalayman

Senior Member
What is the name of your state (only U.S. law)? Indiana

I sent a check a check back in july and at the time it was good but after a month I lost my job and I really needed the money so I used it and a week after that they finally decided to cash it so it bounced. It was only 40.00. Is there anything I can do or am I screwed? It should not have taken this company over a month to cash this check. I honestly thought the company wasn't going to cash it because the other time I sent it to them it was cashed in less than a week.
a check technically does not become invalid due to age (until you are talking about statutes of limitations that figure in terms of years) although many banks will not cash a check more than 6 months old. It is considered to be "stale"/


and you will want to make the check good asap:


Ind. Code § 26-2-7-4 : Indiana Code - Section 26-2-7-4: Liability for stopping payment or permitting dishonor of checks
Subject to section 8 of this chapter, a person found liable under other applicable law is liable under this chapter to the holder of a check if the person executed and delivered the check to another person drawn on or payable at a financial institution and the person does either of the following:
(1) Without valid legal cause stops payment on the check.
(2) Allows the check to be dishonored by a financial institution because of any of the following:
(A) Lack of funds.
(B) Failure to have an account.
(C) Lack of an authorized signature of the drawer or a necessary endorser.
A person liable under section 4 of this chapter is also liable for all of the following:
(1) Interest at the rate of eighteen percent (18%) per annum on the face amount of the check from the date of the check's execution until payment is made in full.
(2) Court costs incurred in prosecuting an action that may be brought by the holder to collect on the check.
(3) Reasonable attorney's fees incurred by the holder if the responsibility for collection is referred to an attorney who is not a salaried employee of the holder. If legal action is filed to effect collection and the collection on the check is referred to an attorney who is not a salaried employee of the holder, the holder of the check is entitled to minimum attorney's fees of not less than one hundred dollars ($100).
(4) Actual travel expenses not otherwise reimbursed under subdivisions (1) through (3) and incurred by the holder to do either of the following:
(A) Have the holder or an employee or agent of the holder file papers and attend court proceedings related to the recovery of a judgment under this chapter.
(B) Provide witnesses to testify in court proceedings related to the recovery of a judgment under this chapter.
(5) A reasonable amount to compensate the holder for time used to do either of the following:
(A) File papers and attend court proceedings related to the recovery of a judgment under this chapter.
(B) Travel to and from activities described in clause (A).
(6) Actual direct and indirect expenses incurred by the holder to compensate employees and agents for time used to do either of the following:
(A) File papers and attend court proceedings related to the recovery of a judgment under this section.
(B) Travel to and from activities described in clause (A).
(7) All other reasonable costs of collection.

and you do not want to wait too long to take care of this. It gets a lot more expensive after that:

(a) This section does not apply to a person who has allowed a check to be dishonored because of lack of funds if both of the following apply:
(1) The person reasonably believed that there were sufficient funds in the account to cover the check.
(2) The insufficiency of funds is caused by the dishonoring of a third party check that had been deposited into the person's account.
(b) If a person liable under this chapter does not pay to the holder the full amount of the check not more than thirty (30) days after the certified mailing of written notice that the check has not been paid, the person is liable for, and the court shall award judgment for, the following, whichever applies:
(1) If the face amount of the check is not greater than two
hundred fifty dollars ($250), three (3) times the face amount of the check.

(2) If the face amount of the check is greater than two hundred fifty dollars ($250), the face amount of the check plus five hundred dollars ($500)
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orcoda

Junior Member
Thank you! Nothings been done yet by the company but I definitely will. I just can't atm due to money. Especially due to the bounce check I owe my bank 85 dollars so now I have nothing in my account and a debt with them. I honestly disn't want it to bounce because it would hurt me more than them.

a check technically does not become invalid due to age (until you are talking about statutes of limitations that figure in terms of years) although many banks will not cash a check more than 6 months old. It is considered to be "stale"/


and you will want to make the check good asap:







and you do not want to wait too long to take care of this. It gets a lot more expensive after that:


-
 

Eekamouse

Senior Member
Thank you! Nothings been done yet by the company but I definitely will. I just can't atm due to money. Especially due to the bounce check I owe my bank 85 dollars so now I have nothing in my account and a debt with them. I honestly disn't want it to bounce because it would hurt me more than them.
If you didn't want it to bounce, you would not have withdrawn it from your account.
 

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