When people write my business (in Pennsylvania) an NSF check, they are given a week to make it good. If they do not pay the debt, they are sent to a collection agency. This has also been my procedure for other “bad” checks, such as those written (accidentally…hehe) on a closed account. These types of bad checks are very rare in my experience.
A friend informed me that I could turn checks written on closed accounts over to the district magistrate. A couple weeks ago I took a $150.00 check written on a closed account to the magistrate. My office was unable to notify the person who wrote the check, as their phone was no longer a working number.
Questions
Is this the sort of warrant that just sits around until the person is pulled over and a “wants and warrants” check is done on their Pennsylvania driver’s license?
If so, does the statute of limitations begin right away? If the perp is cautious and never attracts police attention will they eventually get away with their crime?
Is there any reason why I shouldn’t also turn the account over to a collection agency?
I know I should have addressed these questions to the magistrate, but it was a hectic day and the questions arose after the fact.
The are two issues: one, the liklihood that some local law enforcement officer will find the person and discover their wanted status; and two, that the warrant/capias would be served.
The first is controlled by how “clean living” the individual is. Some folks just seem to attract police attention (driving with expired plates; aggressive driving; getting into fights at the pub; etc). If the person truly accidentally wrote the check on a closed account (e.g. they picked up the wrong checkbook), then both the individual and the police may never ever have that fateful meeting (misdemeanor warrants over X years old are often purged).
But let’s say the Washoe County, Nevada Sheriff’s Office stops the offender, runs a check, and finds the existence of a misdemeanor warrant from Penn. IMO there’s about a 1% chance that Penn. is going to pay to have him extradited back there for a single-count misdemeanor bad check warrant. But the event would give an honest person the incentive to take care of the issue, unless they knew they’d never be back in Penn. again.
If the person is “clean living” then the collection agency is more likely than the cops to find him/her. And it’s the “clean living” person that will be more likely to pay you.
The guy the cops will catch, the person who isn’t “clean liviving” i.e. driving rolling probable cause, at 4:00 am, with maybe an alias or two, probably won’t be as motivated to get you your money back quickly.