Legal Question in Credit and Debt Law in Indiana

Returned Checks

A grocery store phoned and said my father (who is 77 and suffering from Multiple Myoloma Cancer, and is senile) had written a check to Buehler's Buy Low in 11/06, for 21.46. They informed me that the check was returned ''non sufficient funds.'' My father does not remember writing this check and the person I spoke with said they were going to file ''theft'' charges against him. The checking account he is speaking of is now closed and a new account has been opened. In my opinion, he was being very rude and we had some cross words and I slammed the phone down on him. Can they arrest my father or even file charges, or was this a veiled threat in order to get him to pay?

Asked on 9/25/07, 11:11 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Returned Checks

For some reason, the grocery store representative is behaving very unprofessionally. I don't suppose they have been provoked by anyone? They are entitled to have the check paid, together with their normal NSF charge, which will be more than the $21 check. They can also file a complaint with the police, but I doubt the police or prosecutor will file charges if the check is paid. And if the prosecutor were to file charges, I doubt a judge would convict your father. Why don't you take responsibility to defuse the situation, get together about $60 cash money, apologize to the store manager for your father's behavior (and explain his situation)and exchange the cash for the bounced check. Good luck.

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Answered on 9/25/07, 11:23 am

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