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  1. #1

    Default Felony or Fraud Charges for Stopping Payment on Check

    I have an outstanding check in the amount of $1,000 in the state of CA. I am told that if I don't make it good by tomorrow that $1500 will be tacked on to it by this Check Guard collection agency AND a felony charge will be filed. The check is over 30 days old and I see no way of making it good until mid December. They will not work with me on this and have given me until 4:00 tomorrow.

    I wrote the check in good faith at the time, but circumstances out of my control left me with not enough to cover it. So, I stopped payment on it to avoid bounced check fees that, as you know, can pile up with daily charges. There was no intention to commit fraud at any point in time. I have called them back and have tried to make arrangements.

    Will I really be charged with a felony for stopping payment on the check. I know that any fraudulent check written over $499 in CA is considered a felony vs. misdemeanor...but this was a check I wrote that I thought I had funds to cover. I am unemployed and trying my best to come up with the $1,000.

    Any thoughts on this and what I can tell them tomorrow when I don't have the funds?

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Stopping Payment on Check...Fraud? Felony?

    You can expect that the state will follow through on its threats.

    You don't give any context, but you can try negotiating with the agency where you bounced the check to see if they'll give you time. But don't be surprised if they don't - why should they?

    If you don't have the funds to cover the check, borrow them.

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