Can an Individual be Criminally Charged for Issuing a Bad Corporate Check

[Trueblue1955]

My question involves business law in the state of Georgia

A vehicle was purchased from a car dealership with a company check. The finance manager was told by the purchaser they needed a few days to move some funds into the account to make sure all the funds would be available. The finance manager stated that was ok. A few weeks later the dealership informed the purchaser the check was returned. They indicated they had been told initially by the bank the funds were available.

• The funds in the commercial account were returned to the depositor that were to be used for the purchase
• The dealership assured the purchaser the vehicle has been inspected and was in fine working condition. A few days after purchase the manufacturer dealership informed the purchaser several thousand dollars in repairs were needed. None of the repairs were covered by the extended warranty
• Part of the purchase price included a warranty that the purchaser cancelled. The extended warranty was several thousand dollars. The finance manager told the purchaser it could be cancelled at any time.
• The dealership is now telling the purchaser the bank has informed them that no funds have ever been in the account.
• The company the check was written on is an LLC.

The dealership has informed the purchaser they are filing felony charges with the DA against the check signer. Isn’t the liability on the company since it’s a corporate check? There was never an intention to defraud the dealership.

• Can the dealership pursue felony charges against the check signer
• The car warranty was cancelled & several thousand dollars in repairs were required does that affect the amount truly owed
• Who is liable the signer or the company
• Purchaser is trying to make payment arrangements
• Can the bank legally give out account status information to anyone not authorized by the account holder.

[jk]

simple solution:

make the check good and all will be forgiven


and regardless of it being an LLC, it will not protect a person that (per the dealerships claims) knowingly issued a bad check. Ya see, companies do not really do anything. Operators of companies are who do things and just because it is an LLC, it doesn't mean the person can't commit a crime.

Can the dealership pursue felony charges against the check signer
The car warranty was cancelled & several thousand dollars in repairs were required does that affect the amount truly owed
Who is liable the signer or the company
Purchaser is trying to make payment arrangements
Can the bank legally give out account status information to anyone not authorized by the account holder.

so in those questions you all but admit it was known there was no money in the account and no possibility of the amount of the check being funded within the time frame given the dealership. That would mean that somebody (not "an LLC") may have committed a crime here.