Bounced Check

[mdo23]

In my Ch 7 BK, I had some returned checks, including one to Kroger. The bk has been discharged and the checking account that had the bad checks has been closed and a new one with a different bank has been opened to replace the bk account. I tried to write a check to Kroger with the new account and it was declined becasue of a returned check, so I call the Customer service number and when I finally get through to them they tell me that I have one outstanding check, that I filed bankruptcy, and that once they have took a loss they will no longer accept checks from me. The only way they will accept my checks is if I pay the bounced check and fee. Is this legal? Keep in mind that I also had bounced checks with TeleCheck and they cleared my record because of the bankruptcy and now TeleCheck will accept my checks.

[HHM]

First question, what is the exact time line. Did you bounce this check before you FILED, after you FILED, after DISCHARGE?

Also to, there is some grey area about whether "bad checks" are discharged in BK. After all, these were checks passed to merchants in the normal course of business...as opposed to post dated checks that are given to Payday Loan and Check-Cashing businesses. Thus, these bad checks are not extensions of credit and may still be fully collectible, at least vis-a-vis the merchant (generally, bad check issues are discharged against the bank, if those issues arise)

Let's assume, for the moment, that they are discharged, what Kroger is doing is probably more legal than not. Although stating that they will not accept checks from you until you pay the bad check could be construed as an improper attempt to collect the debt, the fact is, they are not required to accept your checks in the first place, and can refuse to accept your checks even if they don't ask for repayment of the bad check.

[mdo23]

The check was bounced before we filed.

What if they turn the checks over to a collection agency, would that change the circumstances any, because I did have a collection agency contact me once about the check after we filed our Ch 7 petition. I told them that they were in violation of the automatic stay (filed pro se), and they told me that this would be presuied as a criminal matter, but I have never heard anything from them since, and nothing from Kroger Company either.

[keepmine]

Make life easy on yourself and just pay cash at Kroger. They have no obligation to take your check. Just like a credit card company you included in your bk has no obligation to issue you another card.
Once a creditor turns something over to a collection agency, it's hard to make a criminal case. I know an investigator for our local DA's office and while the county has a very aggressive bad check unit-they only work with merchants.

[gunsmoke]

Please, If I wrote you a bad check and then filed a bankruptcy, would you take another check from me?

[HHM]

In short...there is really nothing you can do to force Kroger to accept a check from you. (short of paying them and having them agree to lift the hold).

Since this matter was not turned over to the DA bad check unit prior to BK, you are probably ok as far as the criminal issue goes (but don't hold me to that).

[SinkingFast]

If your acct has a Debit Card associated with it, use your Debit Card at Kroger instead of writing a check. Or, as Keepmine suggested, pay cash.

[mike2006]

hi,

is writting a bad check is consider criminal issue ? will get caught and go to jail?

In short...there is really nothing you can do to force Kroger to accept a check from you. (short of paying them and having them agree to lift the hold).

Since this matter was not turned over to the DA bad check unit prior to BK, you are probably ok as far as the criminal issue goes (but don't hold me to that).

[SinkingFast]

hi,

is writting a bad check is consider criminal issue ? will get caught and go to jail?

Knowingly writing a bad check is a criminal offense. You can be fined and/or go to jail, depending on local laws.

One County where we used to live had a lot of trouble with bad check writing to merchants. The County passed a very tough "Bad Check" Law. Writing a bad check was a felony punishable by a $5K fine and/or a year in jail. Every cash register in that county had the Prosecuting Attny's statement about the Law posted in clear sight.

[HHM]

hi,

is writing a bad check is consider criminal issue ? will get caught and go to jail?

Yes, knowingly writing a bad check is a criminal issue (but if you unwittingly write a bad check, but then take no action to correct the issue after you find out, that will also give rise to criminal liability).

Since your check typically has your name, address, and most vendors verify a check with your Driver's License and write the drivers license number on the check, you will typically be caught if the check bounces.

The penalty depends on state law...although jail time is "possible", the most common thing that happens is that they ask you to pay the check, and a fine.

[robivi3]

Honestly, my lifelong Motto has been "never bounce a check to Publix or FPL and don't dodge the Roach Coach guy on Payday". Most people use check cards now, but to maintain an important relationship I'd try and pay the check. Kroger, like Publix is one place where good relations are a necessity. When you can, pay it. Arguing with them will produce nothing. When the computers are down and you don't have the cash, checks come in handy. Don't mess with the food supply.

That is an important relationship, period.

[FilingOnMyOwn]

writing a bad check is a criminal offense. You can be fined and/or go to jail, depending on local laws

Yes, it is. I bounced 4 checks to kroger prior to bk, all small amounts, totalling less than $25. The $25 was in my account, but then my credit union took some fees out which resulted in all 4 checks bouncing. I received a letter from the court stating I would not be criminally prosecuted if I immediately paid the restitution plus fine. Bottom line, I paid $300 not to goto jail over $25. Consider yourself lucky.

[pink_amulet]

Yes it is a crime.
In Illinois it is labeled as Forgery. I got stopped on a traffic stop , and was arrested due to a warrent....I was floored?? A WARRANT?? they said for failure to appear. I said I didn't even know, which was true!! I asked what was the court for, and they said for forgery, I nearly fainted I have never done ANYTHING like that.
Well in Illinois bad checks are labeled as forgery cause you are "signing" / forging your signature to the check knowing the funds are not in there. I told them that wasn't the case, it bounced cause the direct deposit got goofed up, and the bank was fixing it....well Wal-mart didn't want to wait and filed charges. Stupid Wal-mart!!.....funny thing is I have heard that this one Wal-mart does this to everyone even if the check is $5.00....they DO NOT run it through your bank twice either.

So ....by Illinois law it is considered a "written agreement" which could stay on your credit report for up to 10 years, but they only have a 18 month window to sue.
By the way I only got court supervisoin, seeing the circumstances, and had to pay back the check....duh!
Thank goodness it's all over with!

[pink_amulet]

In my Ch 7 BK, I had some returned checks, including one to Kroger. The bk has been discharged and the checking account that had the bad checks has been closed and a new one with a different bank has been opened to replace the bk account. I tried to write a check to Kroger with the new account and it was declined becasue of a returned check, so I call the Customer service number and when I finally get through to them they tell me that I have one outstanding check, that I filed bankruptcy, and that once they have took a loss they will no longer accept checks from me. The only way they will accept my checks is if I pay the bounced check and fee. Is this legal? Keep in mind that I also had bounced checks with TeleCheck and they cleared my record because of the bankruptcy and now TeleCheck will accept my checks.

It's up to the store's own policies.....they don't have to take a check from ANYONE!!!!
Just like companies don't HAVE to offer you a credit card!

I bounced a check from Wal-mart, and I still can write checks there.
However my Friend wrote a bounced check to Jewel/Osco, and they won't take a check from them, even though she filed BK, and was discharged....she can't even get a preferred card in her name (which just offers sale prices) until she pays off the old check...LOL So she has one in her hubby's name instead...LOL