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| *Loan,banking and credit>>>bank checks |
What is the legal defenitition of bank fraud in canada - a person wrote me a check - was NSF? |
A person wrote me a $100 cheque, the first of a series to pay back $1050, and it had a memo line stating $950 still outstanding, but the cheque was NSF and no more cheques were written. Does this cheque and further missing cheques constitute Bank Fraud? Is there any avenue I have in Canadian Law to purse the matter, other than small claims, which I have already done. hi, there is a bit about cheque fraud on this page: http://www.crimes-of-persuasion.com/laws... this page from the mounties http://www.rcmp-learning.org/iim/ecdi101... discusses it further: ----- At this point we should divert for a few moments and discuss the issue of NSF cheques. This is one of the most common false pretence offences you will encounter and it would be well to clarify that issue now. Read Sub-section 362(4) of the Criminal Code of Canada. You probably noted that this sub-section is designed specifically to deal with NSF cheques. It places the onus of proof on the person writing the cheque, to show reasonable belief at the time of writing, that the cheque would have been honoured. This "reverse onus" takes effect the instant it is dishonoured due to insufficient funds. This is a controversial issue which has been challenged (R. v. Driscoll (1987), 38 CCC (3d) 28 Alt, Ca). Some courts have deemed it to be a violation of the constitutional rights, contrary to Sub-section 11(d) of the Canadian Charter of Rights and Freedoms, which guarantees presumption of innocence until proven guilty. The Canada Evidence Act (Section 29), provides authority to obtain documentary evidence of "no funds", or "NSF" cheques. ------ another link: http://www.lawyers.ca/dharris/articles/f... also, be aware that in the US, it is NOT considered criminal to write an NSF check for a DEBT: http://www.ckfraud.org/penalties.html... i don't know about canada. probably best to ask a lawyer; most will give you a free 1-hr consultatoin. keep in mind that since it's such a small amount ($100) you are unlikely to get the officials interested in pressing charges. it's possible though. i think small claims court is probably your best bet. i'm not sure about this, but i would say your best course of action to find the answer would be to first contact your bank, and second contact a lawyer who is familiar with NSF cheques. did you have a lawyer for your small claims? |
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