Legal Question in Credit and Debt Law in Pennsylvania

I have a check that bounced at the bank and I have been making payments on it and missed some what could happen

Asked on 6/17/13, 7:56 pm

1 Answer from Attorneys

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You do not provide enough details. Don't mess around with this. Writing bad checks is a crime and owing money to the bank is even worse than owing to a merchant. You don't want to find yourself in criminal court. Usually though the bank does not pursue criminal charges; that is pursued by the merchants to whom you wrote checks that were dishonored.

If these are bounced check fees owed to the bank, the bank may suspend any privileges and close your account or put you into Chex Systems and blacklist you. You will still owe the fees to the bank and they may be able to sue you civilly. If you are allowed to still bank there they may be able, under the right of set-off that banks have, to take other funds in your checking or saving account and apply to the deficiency owed to the bank.

I don't quite understand how people can bounce checks. Customers have to know exactly how much is in their account at all times. I realize some people are not inclined to be good record-keepers but the banks impose punitive fees to punish people for doing this as a disincentive. The fees can add up substantially ($35 per bounced heck or more). And some banks have, in the past, played around with the order of credits and debits so as to maximize the likelihood of bounced checks. It is thus really really important not to overdraw your account. Or else get overdraft protection.

Regarding the bounced checks and the missed payment, it depends on why it was missed. Perhaps the bank will let you slide. Get it made up as soon as possible. Ignoring this will turn this into an even bigger problem.

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Answered on 6/17/13, 9:10 pm

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