i recently moved from MA and sold a lot of my things when i did. 1 person waited until the day i left to write me a check. i mailed the check to the bank and the money was deposited in my account. i spent the money and the check came back insufficient funds. my account went negative and many extra fees were assesed. the bank is now threatening to put me in the chex system if i don't pay the money. is there any laws about the bank waiting while i pursue leagal claims against the person who wrote the check?
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Editor's Response
I do not know of any such law.
However, for your information, and for other people with questions about bounced or bad checks, let me direct you to a couple of relevant provisions. Massachusetts General Laws Chapter 266, Section 37 discusses criminal liability for larceny by check. Under this provision, courts may consider a bounced check to be prima facie evidence that the person who passed the check intended to defraud (Knew he had insufficient funds), unless he deposits enough money to cover the check within 48 hours of being notified by the bank that the check has bounced. Writing a bad check is a form of larceny. Larceny of property valued at $250 or more is a serious offense in Massachusetts, punishable by up to five years in prison. Larceny of lessor amounts is punishable by up to one year in prison.
Massachusetts General Laws Chapter 93, Section 40A creates civil liability for bounced checks:
Section 40A. Whoever makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depository which refuses to honor the same because the maker has no account with such bank or other depository or because the maker has insufficient funds on deposit therein and who fails to pay the amount of such check, draft or order within thirty days following a written demand therefor by the payee in accordance with this section and delivered to such person by regular mail and also by certified mail return receipt requested shall, in addition to any criminal penalties which may be imposed in accordance with law, be liable to the payee for the face amount of such check, draft or order, and for additional damages, as determined by the court, but in no event shall the amount of such damages be less than one hundred nor more than five hundred dollars.
The written demand for payment required by this section shall be in the following form and shall be printed in at least ten point type in both the English and Spanish languages:
DEMAND FOR PAYMENT OF DISHONORED CHECK
DATE:_________________________________
TO:___________________________________
NAME OF MAKER
WARNING: YOU MAY BE SUED 30 DAYS AF-
TER THE DATE OF THIS NOTICE IF YOU DO
NOT MAKE PAYMENT
_______________________________________
_______________________________________
_______________________________________
LAST KNOWN RESIDENCE ADDRESS OR PLACE
OF BUSINESS
YOUR CHECK/DRAFT/ORDER IN THE AMOUNT OF $___________
DATED _________ PAYABLE TO THE ORDER OF ________________
HAS BEEN DISHONORED BY THE BANK OR OTHER DEPOSITORY UPON WHICH IT HAS BEEN DRAWN BECAUSE:
— THE MAKER HAD NO ACCOUNT WITH SUCH BANK OR DEPOSITORY
— THE MAKER HAD INSUFFICIENT FUNDS ON DEPOSIT WITH SUCH BANK OR DEPOSITORY
IF YOU DO NOT MAKE PAYMENT WITHIN THIRTY DAYS OF THE ABOVE DATE, YOU MAY BE SUED TO RECOVER PAYMENT. IF A JUDGMENT IS RENDERED AGAINST YOU IN COURT, IT WILL INCLUDE NOT ONLY THE ORIGINAL FACE AMOUNT OF THE CHECK/DRAFT/ORDER, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES OF NOT LESS THAN ONE HUNDRED DOLLARS ($100.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00).
PLEASE MAKE PAYMENT IN THE AMOUNT OF $_____________ TO:
_______________________________________
NAME OF PAYEE
_______________________________________
_______________________________________
_______________________________________
ADDRESS TO WHICH PAYMENT SHOULD
BE DELIVERED
I hope this information was helpful. For more information or to post a question, visit our MA Criminal Law Discussion Forum.