If someone owes you money, is it wise to deposit the cheque even if I know it will bounce, just for the sake of proof that he owed me money?

Someone owed me large money, and issued me two post dated cheques as payments. The date of the cheque has already lapsed, and before the 6-month expiration period, I plan to have it deposited even if I know that it will bounce, so that there will be records in the bank about the defaulted payment of her to me, or proof that he owed me money. The loan agreement is just verbal, the only proof of the loan is the cheque payment written to my name as payee.

23 Answers

Relevance
  • 2 months ago
    Favourite answer

    Although you believe the check will bounce, I'd recommend depositing it into your account or try to cash it. Should it bounce, you'll have more than a verbal account of the debt. Also, to avoid arrest, she may be more eager to pay you correctly.

  • Dan B
    Lv 7
    2 months ago

    How do you know the check will bounce?  Knowingly writing a bad check can be as much as a felony for the maker if the amount is high enough.  Not only will the bank charge the maker of the check a $35 fee for  the NSF check, the depositor will also be charged the same fee.  But you can sue to recover that fee in small claims court plus the amount of the debt (good luck with collecting it though).  By depositing the check, the maker acknowleges the debt as valid - they'll have no defense.

    How many days past the date of the check has passed?  Some banks won't accept the check if it is more than 90 days old (stale check).

  • ?
    Lv 6
    2 months ago

    babyboomer1001 with best answer

  • 2 months ago

    Years ago if someone paid you with a bad check you could knock on their door and then knock on their nose and you would have the money they owed you within a week.  Now that is no longer PC and you might just have to live with the idea that you have been ripped off by a dishonest person, PC is very useful for dishonest people.

  • What do you think of the answers? You can sign in to give your opinion on the answer.
  • 2 months ago

    It is FRAUD to deposit a check you believe will bounce. Actually having the check is FAR BETTER evidence of the debt in any case.

  • 2 months ago

    He/she gave you a check that you accepted...so as of that time part of the loan was paid...the only written evidence is...!a payment was made!  Only if it actually "bounces" can that evidence be refuted. You figure it out.

  • garry
    Lv 5
    2 months ago

    you did check the date he wrote on it , didnt you  , after sall he dated the checks for 2 weeks later , didnt he , or out of trust you took a cheque , he could have direct debit it to you account , next time be careful , i dont take a personell cheque .

  • 2 months ago

    Don't be stupid. You'll be charged for that bounced check. And it's NOT proof. The actual CHECK is your proof. 

  • 2 months ago

    Having a check from someone means little.  It's very easy for them to make up a story about buying an item from you or lending *you* the money.  If you don't trust them to pay you back, you shouldn't trust them to lie about the checks.

  • 2 months ago

    Used to be that you could ask the bank if the check were gonig to bounce and they'd look at the balance and let you know. You could try that. You could also go to the bank (from which the check is issued) and try to cash it (tell them you want cash for the check). If you also have an account there and the money is in the account then they'd probably do that. I, however, wouldn't bother, I'd just pursue other efforts to get my money. If you want some degree of proof you could call them and ask if there money is there and if they so no then you could (in court) reference the call as why you didn't try to cash the check. Maybe text them instead of calling so you have written proof that they told you not to cash the check.

  • 2 months ago

    If you deposit a bad check, BOTH you and "someone" will have to pay a bounced check fee.

Still have questions? Get answers by asking now.