Tenant wrote a bad check from a closed bank account?

My father's tenant wrote him a rent check from a closed bank account. I told him to contact his attorney on Monday but I was wondering what the procedure would be? Also, what is the penalty for his tenant who wrote the bad check?





BTW, the tenant his well into her early 40s and lives with her family in the house so its not like someone who is younger is doing it.
Tenant wrote a bad check from a closed bank account?
Writing a check with insufficient funds in one thing, which subjects the writer to all sorts of bank fees plus legal processes to collect the money properly, but writing a check from a closed account is a crime called "bad check". The bad check crime is a misdemeanor if it's below a certain amount (search for it on google), and it's a FELONY if it's over a certain amount. The process now is to call the police and ask how to file criminal charge for bad check-writing. By the way, the general definition of a felony is a crime that comes with a sentence of one year or more. Yes, your father's tenant probably committed a FELONY and he should not let this slide. THIS IS THE BEST answer you got (so far, anyway).
Reply:Every one of the above answers is correct, but first you should check with the tenant as mentioned. I did that once, just because I picked up an old checkbook without thinking.





Depending on the circumstances, if there is a late fee in the rental agreement that can be charged, and it is usually considered reasonable and customary for the tenant to pay any costs charged by your father's bank for the bad check.





In the event this was deliberate, you will need to do something along the lines of the following (your exact state rules may vary)





1%26gt; Notify the tenant by certified mail of the bad check and any charges, include a summary of any discussions. Also advise them of date payment will be due to avoid legal action.





2%26gt; If not paid that date, you will file a claim in your local landlord tenant court (might just be the local court). They all have different procedures.





3%26gt; From LT court you can start eviction procedures. Costs of such can be billed to the tenant but at that point you won't be seeing any money.






Reply:It depends on the landlord/tenant laws where the property is.





In California you don't need an attorney, you post a "3 day notice to pay or quit" on the front door, asap.





As far as a penalty, if he wrote in a late fee in the lease then the tenant has to pay that with the back rent, or move.





If they do nothing then your father has to contact an eviction service and kick them out.
Reply:maybe you should contact the tenant who wrote the check. it could have been an accident. look into her past payments anf if they have been on time and all cleared, I wouldn't get the court system involved. handle it yourself. if you cant resolve it yourself, then go through the courts.
Reply:Take her to Small Claims Court. It could also be a matter for the police.
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