Q: Is a check that was agreed to be held that gets cashed by a business and returned as NSF a civil or criminal matter?
We wrote a check on march 9th at a car lot in Ky for a down payment that the manager agreed to hold until we got our tax refund. Their finance department wasnt told to hold the check and it went to the bank over that weekend and was subsequently returned as non sufficient funds, they were supposed to hold it until I called to tell them the refund was deposited and then they could process the check. Our refund has been delayed and they are threatening to turn it over to the county attorneys office.
My question is, since they agreed to hold it and its tge only reason we signed the buyers agreement, would it still be a cold check and criminal matter or would it be a civil matter. I read on a Lexington ky attorney website that if they agreed to hold it and it bounces it is a civil matter.
A: The Lexington attorney is correct. If they agreed to hold it ( knowing the funds weren’t there and wouldn’t be there until later), it is a civil matter as you cannot defraud one who accepts a check knowing that the funds are not contemporaneously there.
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