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Ok so back in November I bounced a check at safeway for $180 and just got a notice from the bad check restitution program saying If I dont pay it I could go to jail. I checked my bank statement and they have no record of the check and I was never negitive im my account for the $180 so I dont know what to do im only 17 what do you think will happen from this. now they say I owe $400 dollars now because of this. and cant afford to pay it off I owe it by feb. 21 if I dont pay it what will happen?
According to the state Attorney General, "California Civil Code section 1719 allows the receiver of a bad check to recover three times the amount of the check, up to $1500, in civil court if sufficient notice is mailed or delivered to the person who wrote the check. The damages are in addition to collecting the value of the check and they could include court and mailing costs. A cause of action under this law may be brought in small claims court, if the claim does not exceed $5,000, or in any other court of jurisdiction depending on the amount of the transaction." The second website contains more detailed information about the whole process. Essentially, they must first demand their money plus a service charge by certified mail. Only if you don't pay in 1 month they can demand a 3x penalty on top of the initial amount. The third site has information about the Sheffield Lake County Bad Check Restitution Program. I'm assuming that is what you are talking about. When a check bounces, the bank refuses to pay because you don't have enough money to cover it. Your balance did not go below 0 because the bank refused to cash the check. It is odd that you say the bank "has no record of the check". If the bank bounced the check, then they would have sent a notice and charged you a hefty service charge.
What I would do is ask for a copy of this check before I do ANYTHING. (Get front and back) Take that to your bank and have them certify they never saw the check. That may be your get out jail free card here. You do have a legal rights in this matter, and proving to the people who sent this letter that you didn't bounce the check may get you out of trouble. (you said you bounced it, yet the bank has no record, something is VERY wrong here)
Writing rubber checks is against the law and can wind you up in jail google check fraud california to see what sort of jail term you could get and consider capital letters and punctuation marks theyre free
Theoretically, they can press charges. you'd have to prove that you believed there were sufficient funds backing the check at the time you wrote it. (Deliberately writing a bad check is a crime.)