The only way to find out if
bad check law applies to EFT is to take it to court.
NCG would then send
bad check diversion/debt collection letters on district attorney letterhead, often bearing facsimiles of the district attorney's signature, accusing consumers of violating specific state statutes and informing them that a "conviction under this statute is punishable by .
This will avoid dealing with
bad checks in general.
The sources added that the Resolution of Commercial Disputes office will continue to look into cases of
bad checks until commercial courts are established.
Gleason reported that Wits had not obtained a psychiatric evaluation as ordered in a previous conviction for
bad checks (E&P, April 6, 1991).
But, if a firm's
bad check losses are higher, here are a few recommendations that can curtail losses:
Walker said he has heard of three complaints of
bad checks from local businesses in the newest incident, but is aware of more in Randolph County.
Gardner believes the change puts restitution in
bad check cases in the same class as consumer debt.
A writer of a
bad check should be considered a criminal but he is not under current rules," he added.
By virtue of the customer issuing the
bad check, do you have a legal basis to have your claim deemed nondischargable, and the debt survive the customer's bankruptcy, thereby allowing you to pursue payment in the future?
