How to Prosecute Check Fraud

My question involves criminal law for the state of: Missouri.

I am the recipient of several bad checks (NSF & Closed Account), The checks received where in Jan 2012. I have tried to amicably solve the issue with the check writer but to no avail.

The checks were in the amount of $5000 each. However, I do also have a promissory note established with the check writer as well, but the promise of the note has not been kept by the other party as well.

What are my legal options here in the state of Missouri, Any legal experts willing to help me, I would greatly appreciate such.

I am willing to share additional details with that party as well.

Please kindly respond with any information that you may have and also if available please provide contact info of any legal counsel that works in this field.

Thanks

Go to the police station and ask them if they require you to take any action before they will accept a report for bad checks. If they say "No", make your report. If they say "Yes," find out what you need to do, do it, and if it doesn't work make your report.

The obvious solution is to sue the checkwriter.

MO's small claims limit is $5000. I don't know if it's permissable to file a separate lawsuit for each check. If you can't you'll have to sue in a higher court and that gets complicated for a layman.

However, MO also has criminal penalties for rubber checks, so you can report it to the authorities, too, and see how that goes.

You should file a police report, looks to be a felony amount for each check.

I tried to get the statute to link but couldn't for whatever reason. The specific statute is Missouri Revised Statutes Section 570.120.

Do the clickie thing here: http://www.moga.mo.gov/ then follow the statute search directions to get to this specific one. You may get restitution ordered upon successful prosecution and conviction, but don't hold your breath on that one.......they didn't have the means to pay before, and that likely may remain to be the case.

One of the above mentioned person, could you please advise me of the criminal penalties the check writer could face upon conviction? Jail time, probation etc... also, the check writer has a history of this activity but no prior conviction in this matter, could this be brought to the prosecutors attention?

Thanks in advance for the thoughtful replies.

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Quoting klmklm

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One of the above mentioned person, could you please advise me of the criminal penalties the check writer could face upon conviction? Jail time, probation etc...

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It's a class C Felony:

http://law.justia.com/codes/missouri...section570120/

Punishable for up to 7 years in prison:

http://www.moga.mo.gov/statutes/C500-599/5580000011.HTM

No way to predict the probation thing.

There is also the crime of fraudulent stopping payment if that applies:

http://law.justia.com/codes/missouri...section570125/

The civil statute is also under the criminal code:

http://law.justia.com/codes/missouri...section570123/

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Quoting klmklm

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also, the check writer has a history of this activity but no prior conviction in this matter, could this be brought to the prosecutors attention?

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Sure. But I have no idea if prior crimes are admissable in the prosecution of your checks. But if the prior crimes are within the 3 year statute of limitations for those types of felonies the prosecutor might be willing to investigate and prosecute the prior crimes. No way to predict.

In addition to the above, I do have a promissory note with this individual which has also not been honored since almost one year to this date. How would this change the scenario? The promissory note was created a month later to the fraudulent check activity. Would someone be willing to pm me as well and we can discuss this matter in great detail.

thanks

I've seen a lot of felony cases, especially over the last few years, get SIS/SES (suspended imposition/execution of sentence) with 3 to 5 years probation, and restitution. The few variations have been 120 days "shock time", but usually suspensions and probations.

There are way too many variables to even hazard a guess as to possible outcomes. You could get a detective having a bad day and calling this a civil thing as opposed to a criminal thing, possibly citing the promissory note aspect...you could get a prosecutor citing the same thing when it gets that far. It's anyone's guess. Just get the ball rolling by reporting this at your local police station. Make sure you take every piece of documentation and have it all in order.

Good luck!

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Quoting klmklm

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In addition to the above, I do have a promissory note with this individual which has also not been honored since almost one year to this date. How would this change the scenario? The promissory note was created a month later to the fraudulent check activity. Would someone be willing to pm me as well and we can discuss this matter in great detail.

thanks

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The promissory note has nothing to do with the possible criminal charges.

It's breach of contract.

If you sue for the rubber checks under the civil action you can include the breach of contract as an additional count in the Complaint since it's for the same money.

About the only thing helpful about that is if the promissory note specified an interest rate so you'd be adding prejudgment interest to the lawsuit.

Unfortunately, if you are able to file separate lawsuits for each check your limit would still be $5000.

The prejudgment interest could be added to a judgment if you sued in regular civil court.

Where should file the report to be prosecuted? The county which I live in OR the county which the check writer lived in OR the county that the check writer now lives in (which is out of state)?

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Quoting klmklm

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Where should file the report to be prosecuted? The county which I live in OR the county which the check writer lived in OR the county that the check writer now lives in (which is out of state)?

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Can some one please let me know the answer to the above quote, it would be much helpful. Thanks