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Here is the situation. I wrote a check and at the time thought it would clear. Two days after, I realized a new payment posted making my check NSF. I have checked my online banking account and there is no indication that anything has gone wrong yet (I haven't yet been charged a fee at least). The amount I am short is 70 dollars.

My question: if I take a cash advance and deposit it into my account will that allow the check to clear? Also, as this was unintentional is this considered a misdemeanor? I live in Texas and the amount of the check is 695 dollars.

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You should talk to your bank first, they may be able to flag it for overdraft instead of NSF, (check clears, your bank charges you an overdraft fee). I would also contact the recipient of the check to let them know what happened, if they haven't deposited it yet then you'll save them some hassle and may save yourself some fees.

At almost every bank, deposits clear before any debits and cash deposits are available immediately, so you should be fine if you make a cash deposit the same day or any day prior to the recipient depositing the check.

The amount of the check would put this in the realm of a Class A misdemeanor, but before charges could be filed against you the recipient would have to send you a demand letter and then you'd have 10 days to pay, probably with a returned check fee added to the amount owed. Legal charges in the case of a bounced check are pretty rare.

  • OMG - A genuine THANK YOU. This is the sort of answer I've been searching for the past two hours – user143497 Jul 7 '17 at 1:48
  • @user143497 My pleasure, can't guarantee the timing would work out in your favor, if they deposited the check but it hasn't shown up on your account yet then could be too late to deposit cash to cover, similarly it could already have bounced but the fee may not show on your account yet. – Hart CO Jul 7 '17 at 1:51

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