# Bounced Check



## indoMLA (Feb 6, 2011)

Had a question about bounced checks. If I cashed a check and it bounced, do I have to go about initiating the/a case or does the bank, which the check bounced on (my bank), proceed with the police since the check bouncing is a crime?

I need to know since I am not sure if a person should go to the authorities or just wait and see what happens. Any help is appreciated.

Long story short, a friend lent another person (hereafter referred to as LoserDouche) some money against my advice informing him not to, LoserDouche gave my friend a personal check to hold on to and to cash on a certain day (payday, I assume). The day came and went, my buddy has been trying to reach LoserDouche via phone and email but he ain't answering - the guy's phone is turned off and he is not answering any emails. I fear LoserDouche did a runner since we later found out he borrowed money from other people. I told my buddy to cash the check to protect himself later (in the event the guy shows back up in the UAE) and since my friend is apparently the only one smart enough to secure a personal check from LoserDouche in the amount he borrowed. My friend wants to know if the bank will proceed with a case against the borrower or if he needs to lodge a formal complaint and proceedings.


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## Chocoya (Dec 9, 2013)

indoMLA said:


> Had a question about bounced checks. If I cashed a check and it bounced, do I have to go about initiating the/a case or does the bank, which the check bounced on (my bank), proceed with the police since the check bouncing is a crime?
> 
> I need to know since I am not sure if a person should go to the authorities or just wait and see what happens. Any help is appreciated.
> 
> Long story short, a friend lent another person (hereafter referred to as LoserDouche) some money against my advice informing him not to, LoserDouche gave my friend a personal check to hold on to and to cash on a certain day (payday, I assume). The day came and went, my buddy has been trying to reach LoserDouche via phone and email but he ain't answering - the guy's phone is turned off and he is not answering any emails. I fear LoserDouche did a runner since we later found out he borrowed money from other people. I told my buddy to cash the check to protect himself later (in the event the guy shows back up in the UAE) and since my friend is apparently the only one smart enough to secure a personal check from LoserDouche in the amount he borrowed. My friend wants to know if the bank will proceed with a case against the borrower or if he needs to lodge a formal complaint and proceedings.


I could be wrong, but from what I understand, you have to take the bounced cheque and the bank documentation to the police and make a case against the man. If he has already left the country, I don't know what you can do, however.

This is a daily story here, unfortunately. A good lesson for us all!


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## saraswat (Apr 28, 2012)

No, the bank wouldn't proceed with the criminal case, that would be your friends responsibility / perogative.

So your friend would go to the bank once he is informed that the cheque has infact bounced, and get the cheque along with a paper from the bank. The paper is a bank document generated everytime a cheque is bounced. It has all the relevant details, along with the reason for the cheque not being honored (in this case it would be "NSF/Non-sufficient funds"). 

Your buddy would then need to take these two things and go to the police to officially open a case against the issuer of the cheque. Usually what happens then is that the police try and track down the individual/business, contact them and advise/pressure them to pay up as soon as possible in order to avoid any further legal troubles. In case the police are not able to track the person down, the case would be opened and your buddy would then need to probably get a lawyer for when it would go to court for judgement. 

p.s: judgements can be made in absentia of course (which is how people get put on the blacklist/immigration lists and get held when entering the country again) ...


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## indoMLA (Feb 6, 2011)

So the bounced check is returned to the person trying to cash it?
Good stuff here... thanks, guys.


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## saraswat (Apr 28, 2012)

indoMLA said:


> So the bounced check is returned to the person trying to cash it?


Yes. And it is crucial that your friend have that with him when going to the police, photocopies etc don't work. Remember to tell him not to loose the actual cheque !! It is the one and only piece of evidence in terms of the legal case ... 



indoMLA said:


> Good stuff here... thanks, guys.


Your welcome, hope he/she gets back what they are owed sooner rather than later.


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## rsinner (Feb 3, 2009)

indoMLA said:


> So the bounced check is returned to the person trying to cash it?


Yes.


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