# Legal implication of bounced cheque



## Claire1956 (16 Jul 2009)

Folks, I have been told previously that there is a legal implication for bouncing a cheque. I cannot remember all of the details - but I got the impression that is something that can be reported to the Gardai and that they can pursue the person. Can anyone shed some light on this please?


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## Mpsox (16 Jul 2009)

It's a criminal offence in the USA to bounce a cheque. It is not in Ireland unless you it can be proven that you deliberately wrote the cheque, knowing that it would bounce, then, depending on the circumstances, there may be a case for fraud. For example, if you used a stolen chequebook to obtain goods or funds. 

However if you bounce a cheque for lack of funds, it's unlikely to be a Garda matter, rather a civil matter between you and the payee of the cheque


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## mcaul (16 Jul 2009)

If someone has taken goods from you and gave you a cheque knowing that it would not be paid, then it is fraud.

If someone gave a cheque and thought that there was enough money in their account then it would be a civil matter. 

So it really depends on nature of the sale (once off or to a regular customer) and whether the person knew that there was no chance of the bank meeting the payment.


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## 8till8 (17 Jul 2009)

The Act in question is Criminal Justice (Theft and Fraud Offences) Act, 2001.

Would it be reasonable to assume that the first bounced (over-drawn) cheque would be genuine mistake, however any further bounced cheques written after that date would be fraud given that the account holder would know that payment of the cheque would be refused.
Its hardly a reasonable excuse to say "I didn't know it would bounce" because the account holder (therefore cheque writer) is the operator of the account and they are in control of the day-to-day operation of the account balances.
The date the cheque is written is of key importance


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