Bad Checks

Writing a check without sufficient funds may be a crime. If you believe you were a victim of criminal conduct, you should bring the matter to the attention of the police department, sheriff's office or the district attorney in the county where the alleged conduct took place.

California Civil Code section 1719 allows the receiver of a bad check to recover three times the amount of the check, up to $1500, in civil court if sufficient notice is mailed or delivered to the person who wrote the check. The damages are in addition to collecting the value of the check and they could include court and mailing costs. A cause of action under this law may be brought in small claims court, if the claim does not exceed $5,000, or in any other court of jurisdiction depending on the amount of the transaction.

If you have further questions regarding available civil remedies, we suggest that you consult a private attorney.