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The guilty party of a fraudulent check is usually the person who signed the check, but it could also be the person who fraudulently passed it on, or even a third party who endorsed and passed the check on to another.. On stop payment, 15 days following written demand to drawer's last known address, holder may collect fee not to exceed ; failure to make restitution and pay collection fee will result in liability of twice the amount of check but in no event less than . Amount of check plus lessor of: if no bank account - 0 or amount of check; or if insufficient funds - 0 or amount of check.

The bidder may recover damages in an amount equal to 0 or treble the amount, whichever is greater, except that damages recovered under bad check law may not exceed the amount of the check by more than 00. Statutory form of notice must be sent at least two times.

Always consider your goal: to recover the money or punish the check writer?

In most cases, NSF checks are not considered under the bad check law if they are used to pay an antecedent debt.

Fortunately, there are some important limits on employers’ actions in this regard, due in part to a variety of state laws that the Rhode Island General Assembly has passed to protect employees’ privacy rights.

ri general laws post dating checks-87ri general laws post dating checks-33ri general laws post dating checks-30ri general laws post dating checks-67

Because post-dated checks are a promise to pay in the future, they are not technically viewed as checks.

In some states there is a criminal offense only when the bad check is given in exchange for property or for a present consideration.

In other states it is a criminal offense to issue a bad check with intent to defraud or with knowledge of insufficient funds.

The ACLU of Rhode Island offers to the public a free 36-page booklet entitled “Your Rights to Workplace Privacy in Rhode Island.” As its title indicates, the booklet answers commonly-asked questions about employees’ privacy rights in the state. It's important to remember this booklet serves as a general guide and cannot serve as a substitute to consulting with an attorney.

Free copies of the booklet are available by calling the ACLU at 831-7171 or writing the ACLU office at 128 Dorrance Street, Suite 220, Providence RI 02903. The workplace is where most adults spend roughly half their waking hours.

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