Can you be charged in a civil and criminal for the same thing? I cashed a check that bounced.

Question

My bank sued me ... (civil) can I be charged criminally also? keep in mind I didn't write the check ... I cashed it at my bank and it bounced after they cleared it 5 days later!

Answer 1

The civil suit is to recoup there losses..since it was you that cashed the check and have an account with them...you are liable...but criminally it would be hard to prove you did it to defraud them purposely.

Answer 2

Sounds like a set up, why else would they wait 5 days to clear something they have control over, you had the money in the account when you wrote it ,right? They know your account balance,so they wait till your balance wont cover the check, and BAM, They hit you with fee's, and penalties, and all sorts of c**p. Banks don't wait anymore, as soon as the check is entered on their computer, it's out of your account, not 5 days later, unless they still use "tape adding machines",if so, find a new bank.

Answer 3

Same act, different laws.  The answer is yes.

Answer 4

Yes both a civil action and a criminal action be brought for the same act. (i.e. OJ Simpson)

Michael

http://www.mcordova.com/

Answer 5

Yes.  The only reason you can not be charged with a crime is if it fell under the double jeopardy law.  However, this only applies to the same law.  For example.  If you rob a bank and shoot someone you are charged with the attempted murder and burglary as well as any civil charges that applied.  However, if you did not write the check, you probably are not in violation of any criminal laws.  In addition, I recommend that you also sue the person who wrote the check.  In this type of a situation the bank can not sue the person who wrote the check, so, they sue you and win then you turn around and sue whoever wrote you the check to get your money back as you would also have grounds for suit against them.  It may seem confusing but thats the way it works.

Answer 6

sorry to hear bout dat, yes